In the European Union (EU), trademarks are regulated by the European Union Trademark Regulation (EUTMR). This regulation outlines the process for trademark assignment in the EU, which can be broken down into five stages.
Firstly, an application to register a trademark must be filed with the European Union Intellectual Property Office (EUIPO). The application must include information about the applicant, the goods and services that the trademark will be used to identify, and a sample of the trademark. Once the application is accepted, the EUIPO will assign a registration number to the trademark.
Secondly, the trademark must be published in the Official Gazette of the European Union. This is to inform the public that the trademark has been registered , and to give other parties the opportunity to make objections.
Thirdly, the trademark must be examined by the EUIPO. This examination will assess whether the trademark is eligible for registration, and whether it is similar to any existing trademarks. If any objections are raised during this stage, they must be addressed before the trademark is registered.
Fourthly, the trademark must be registered by the EUIPO. This is done by issuing a registration certificate, which serves as proof that the trademark is owned by the applicant. The registration certificate includes details such as the registration number and the date of registration.
Finally, the trademark must be assigned to the new owner. This can be done either by an assignment agreement, or by a transfer of ownership through a deed of assignment. The assignment agreement must be signed by both parties, and must include information such as the parties’ names, the trademark registration number, and a description of the goods and services that the trademark will be used to identify. The deed of assignment must be registered with the EUIPO.
To conclude, once the trademark has been assigned to the new owner, the EUIPO will update its records to reflect the new owner. The new owner will then be able to use the trademark to identify their goods and services in the European Union.
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