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Transfer of Trademark Rights
A trademark is a complete intangible asset. Assets are often bought or sold. The trademark is no exception. Like other objects, it can be sold, bought or granted the right to use. Such a transaction can be drawn up both at the stage of registration (transferring the rights to the application), and after receiving the trademark Certificate.
Depending on the task, there are several ways to transfer rights to TM:
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Assignment of Rights to Application.
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Transfer of exclusive property rights to a trademark (Sale of TM).
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License agreement (contract).
How to choose a procedure for trademark selling?
Assignment of Rights to Application. This procedure provides for the transfer to another person of the right to register a trademark for an already filed application with Ukrpatent. In this case, the new owner receives a non-registered trademark, but becomes its future owner. At the end of the registration procedure, another individual or company will be the owner.
If the trademark has already been registered and you want to sell it, you should choose the “trademark sale” procedure. It provides for the full transfer of rights to the mark. In this case, a bilateral agreement is drawn up between the current and new owner. This agreement is subject to mandatory registration with the Office. It should indicate not only the sign itself, but also, for example, the domain name, if the domain is also the subject of this agreement.
You can transfer the rights to a trademark not only by selling it. It is possible to grant permission to use a trademark by transferring it for temporary use. This approach is often used when working with partners, dealers, or when selling a franchise. In this case, the owner of the TM allows the licensee to use the trademark under certain conditions.
How to draw up a sales and purchase agreement (transfer of rights) for a trademark?
Our company has developed a convenient and understandable system that will allow customers to quickly resolve the issue of selling a trademark, assigning rights to an application or concluding a license agreement. To start the procedure, you must perform the following steps:
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Enter the trademark or application number.
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Enter the data of the new owner into the form.
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Pay the bill.
After completing these steps, the system will automatically prepare all the necessary documents and send them to you for signing.
