Preparation of contracts on transfer of patent rights for invention, utility model, industrial design

Preparation of the contracts on transfer of trademark rights, the license contracts on trademarks

What is transfer of patent rights?

 In some cases, after registration of the trademark, it is necessary to transfer its rights to another person. This need may arise if the owner wishes to sell the trademark. The same procedure is often called assignment of trademark rights. From the point of view of the Ukrainian legislation, the sale of a trademark is called the transfer of ownership rights to the trademark.

How to transfer trademark rights?

 In order to transfer ownership of a patent, it is necessary to sign the contract between the current trademark owner and its future owner. The mandatory condition is the presence of a trademark registration certificate. Thus, you first need to register the trademark, and only then sign the contract on transfer of its rights.

What should be in the contract on transfer of trademark rights?

 The agreement must specify the full details of the parties - the true trademark owner and the future trademark owner. The contract shall also specify information about the trademark, the rights to which are transferred, provide an image of the trademark, indicate the certificate number, a list of classes of the International Classification of Goods and Services, and so on.

 The contract shall detail the rights and obligations of the parties. Under the contract, the trademark owner shall transfer all the rights granted to him by the certificate for this trademark without exception. The owner cannot reserve the right to use the trademark or transfer the right only to the limited area. The rights must be transferred in a complex. But an exception may be made if the trademark is registered simultaneously in several classes of International Classification of Goods and Services. The owner can transfer trademark rights in several classes and remain the owner in the other classes. Along with the trademark rights, the new owner also receives obligations, in particular the obligation to extend the validity of the trademark certificate.

How to register the contract on transfer of trademark rights?

 According to the law, the contract on transfer of trademark rights must be registered with the Ministry of Economic Development and Trade of Ukraine.

How long shall the contract on transfer of trademark rights be registered?

 The procedure of registration of the contract on transfer of trademark rights shall last 2 months from the date of submission of the set of documents to the Ministry of Economic Development and Trade of Ukraine.

 It is important that the documents were prepared correctly, and the details of the parties were specified without errors. Otherwise, the registration periods may be increased. After the end of the procedure, the information about transfer of trademark rights is published in the official bulletin, and the new trademark owner is issued the extract from the state register.

 We will be happy to assist you in preparing the contract on transfer of trademark rights and its registration.