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Protect your trade marks and designs in the European Union

Protect your intellectual property in the European Union

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The Register of European Union trade marks contains particulars of all EU trade marks applications and registrations, as described in Article 111 of the European Union trade mark regulation (EUTMR).
The Community design Register contains particulars related to the registration of a Community design.
The Register is constantly updated to track the changes to the EU trade mark and registered designs information that the Regulation determines, such as ownership details, granting of a licence or a right in rem and seniority claims.
The Office publishes an EU Trade Marks Bulletin and a Community Designs Bulletin containing entries as well as other particulars in the Register open to public inspection.
For better understanding of the Bulletins, the Office also has available Vademecums, which are guides to explain the items published in the Bulletins.
There are two Vademecums available: one for EU trade marks and one for registered Community designs.

Link to the Bulletins (Vademecum).

An entry in the Registers is a recordal by the Office.
Recordals concern the modification of information in the Register — updating or amending previously entered information in the files of EUTM and Community designs applications or registrations.
The most common recordals are: transfers/changes of ownership, appointment of a representative, changes in the name and/or address of the proprietor, seniority claims, licences, etc.
All these entries are listed in:
  • Article 111(3) EUTMR for EU trade marks;
  • Article 69(3) CDIR for registered Community designs.
An entry in the Registers is a Recordal by the Office. They include mainly modifications of the owner’s information, licenses and rights in rem. More information on managing your design and keeping the Register information up to date is available under the ‘Property’ tab in the Manage section of the website.

For further information, see the Guidelines, Examination of Applications for Registered Community Designs.

You can easily do it via your online User Area. Just access your User Area and use the options’ menu to make the appropriate changes to your personal details.

Further information regarding how to change personal data for owners.

For further information on register operations, see the Guidelines, Part E, Register Operations, Section 1, Changes in the Register.

Transfer requests are an exception as there is a fee. Please consult the fees payable directly to the EUIPO section for detailed information regarding the transfer of a licence (see fee code F‑023).

Further information regarding how to change personal data for owners.

For further information on transfer in RCDs, see the Guidelines, Examination of Applications for Registered Community Designs.

This will be decided in the light of whether the national law governing the legal entity sees the change in corporate status as a change in the identity of the corporation (in which case, it will be recorded as a transfer), or not.

For further information, see the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1, Transfer.

Where a merger involves a change in the identity of the affected legal entities, it will be recorded as a transfer. Where the owner of the EU trade mark or EU trade mark application absorbs another company, if there is no change of identity as far as the owner is concerned, a transfer of ownership should not be processed.

For further information, see the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1, Transfer.

It is sufficient for the parties to show agreement to record a transfer of ownership in the Register. A request in this respect signed by both parties would be sufficient. If the parties appoint a common professional representative before the Office, the representative may sign that request on their behalf. In such cases, it is not necessary to file additional evidence of transfer, such as a copy of the deed of transfer. In all other cases, evidence of the transfer (such as a signed copy of the deed of transfer) is necessary.

Further details of the formal and substantive requirements of an application to record a transfer of ownership can be found in the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1,Transfer.

Yes, applications or registrations can be split as a result of a division or of a partial transfer.
Whereas a partial transfer is free of charge and involves a change of ownership of the transferred mark, the request for division of a trade mark is subject to a fee and the divided trade mark remains with the same proprietor. If the fee is not paid, the request is deemed not to have been filed.
The division is not available for an international application under the Madrid Protocol designating the EU. The EUIPO does not have the authority to divide an international designation.
 
For more information about the Fee for the declaration of division of EU trade mark, please consult the list of fees payable directly to the EUIPO.

Further details on applications to record a partial transfer of ownership can be found in the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1, Transfer.

Further details on divisions can be found in the Guidelines, Part E, Register Operations, Section 1, Changes in a Registration, paragraph 5, Division.

The Register of European Union trade marks and Register of Community designs are accessible by the general public.

EU trade mark files are available for inspection, subject to a written request and the payment of fees. Files also contain elements that are not part of the Register and can be of interest to third parties, such as a brief description of the design, if the applicant gave one.

Deferred designs cannot be inspected until publication, unless the owner gives their consent or if any of the other limited exceptions provided for in the regulations apply. A design that is never published will never be open to public inspection.

For further information, see the Guidelines, Part E, Register Operations, Section 5, Inspection of Files.

The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.

For more information about how the Office handles your personal data, please consult the Data Protection Statement.
 

Page last updated 14-03-2019
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