In addition to being able to grant a trademark licence the owner of a trademark may also wish to transfer some or all of the rights over the trademark to a third person. Registered trademarks, trademarks acquired through usage and those acquired through high profile may be transferred. Legal provision for such transfers is contained in § 27 of the German Trademark Act.
A company name and logo, however, are not transferrable. The reason for this is because, in contrast to other trademarks, neither a company name nor a logo describes a product or service, but describes a business operation. As company names and logos are linked to business operations, both must be transferred together in order for the trademark to be transferred.
A trademark is often transferred by its owner through a trademark transfer agreement. It is advisable to take legal advice when drafting such an agreement. In this way, you can ensure that all relevant legal aspects are taken into consideration.
Would you like to register a trademark? Do you have general questions about trademark law? We are here to help.
German lawyer Kilian Kost and the expert team at WILDE BEUGER SOLMECKE are available to answer your questions. Call us on +49 (0) 221 / 951 563 0.