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Commission Implementing Regulation (EU) 2018/626 TITLE IV — TRANSFER

Article 13–Article 14 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Application for registration of a transfer

Article 13

1.   An application for registration of a transfer under Article 20(5) of Regulation (EU) 2017/1001 shall contain: (a) the registration number of the EU trade mark; (b) particulars of the new proprietor in accordance with Article 2(1)(b) of this Regulation; (c) where not all the registered goods or services are included in the transfer, particulars of the registered goods or services to which the transfer relates; (d) evidence duly establishing the transfer in accordance with Article 20(2) and (3) of Regulation (EU) 2017/1001; (e) where applicable, the name and business address of the representative of the new proprietor, to be set out in accordance with Article 2(1)(e) of this Regulation. 2.   Points (b) to (e) of paragraph 1 shall apply mutatis mutandis for the purposes of an application for the recording of a transfer of an EU trade mark application. 3.   For the purposes of paragraph 1(d), any of the following shall constitute sufficient evidence of transfer: (a) the signing of the application for registration of the transfer by the registered proprietor or a representative of that proprietor, and by the successor in title or a representative of that successor; (b) where the application is submitted by the registered proprietor or a representative of that proprietor, a declaration signed by the successor in title or a representative of that successor agreeing to the registration of the transfer; (c) where the application for registration is submitted by the successor in title, a declaration, signed by the registered proprietor or a representative of that proprietor, that the registered proprietor agrees to the registration of the successor in title; (d) the signing of a completed transfer form or document, as laid down in Article 65(1)(e) of Delegated Regulation (EU) 2018/625, by the registered proprietor or a representative of that proprietor and by the successor in title or a representative of that successor.

Processing of applications for partial transfer

Article 14

1.   Where the application for registration of a transfer relates only to some of the goods or services for which the mark is registered, the applicant shall distribute the goods or services in the original registration between the remaining registration and the application for partial transfer so that the goods or services in the remaining registration and the new registration do not overlap. 2.   The Office shall establish a separate file for the new registration, which shall consist of a complete copy of the file of the original registration, including the application for registration of the partial transfer and the correspondence relating thereto. The Office shall assign a new registration number to the new registration. 3.   Paragraphs 1 and 2 shall apply mutatis mutandis for the purposes of an application to record a transfer of an EU trade mark application. The Office shall assign a new application number to the new EU trade mark application.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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