Commercial entities register trademark rights in order to use them in their activities - to label products, to promote the brand in new markets, to protect against unlawful actions of competitors. However, already registered designation can be sold or transferred to other companies. To sell a trademark, a contract of alienation is drawn up.
Buying a trademark
Buying an already registered trademark allows a company to avoid lengthy consideration of an application for its own designation, which can also end in rejection by Rospatent. It is possible to buy a mark in Russia according to the following rules:
purchase and sale of commercial property is carried out in accordance with the rules of civil transactions, i.e., the parties must draw up and sign a written contract;
for the transfer of rights, the original owner of the object will receive remuneration, the amount of which will be determined by mutual agreement of the parties;
for the transfer of rights to take place officially, the agreement must be registered with the Russian PTO.
Selling a trademark
Selling a trademark means that the original right holder will completely lose the ability to use it for their own purposes, or to transfer it under license terms. The object can be sold only within the validity period of the registration certificate, which in Russia is 10 years.
The parties can determine the amount of remuneration for the transferred rights on their own, or by requesting the assistance of a professional expert-evaluator. When negotiating the terms of the agreement and performing the transaction, it is advisable to seek the assistance of patent attorneys or lawyers in order to avoid problems at the registration stage.
To register the agreement, one of the following documents must be submitted to Rospatent (at the choice of the parties):
an excerpt from the contract on the main terms of the transaction - this document must be certified through the notary authorities;
The original copy of the contract;
a written notification of the transfer of rights, indicating the details of the new owner of the trademark - such document must be signed by both parties.
One of the documents listed above is submitted simultaneously with the application and the payment order for the fee. As a result of the registration, data on the new trademark owner will be entered in the registry and he will receive a certificate of protection.
The execution of transactions with industrial and commercial property objects requires a thorough knowledge of the norms of national and international patent law. Specialists of our company have the necessary qualifications and extensive experience in supporting such transactions, and offer the following services:
consulting support for the right holder and purchaser of trademark rights;
assistance in negotiating the terms of the agreement, determining the amount of remuneration and other provisions of the transaction;
preparation of documents for registration with the Russian PTO;
Representation of the interests of the parties in the course of registration, assistance in the settlement of problems and disputes arising.
With the help of our specialists you will be able to quickly comply with all the formalities, sell or buy a trademark, register an agreement in the Russian PTO. In order to clarify the terms of cooperation with our specialists, please use the consultation by phone or via the feedback form on the website.