How can German trademarks be assigned?

If you are looking for a trademark you might want to purchase a trademark which is already registered thus avoiding the sometimes long and troublesome procedure of filing your own trademark application.

Usually a change in ownership results from a contract, such as a Deed of Assignment. If you are not familiar with the assignment of trademarks we recommend that you seek appropriate legal professional advice from a patent attorney or lawyer for drawing up a Deed of Assignment.

Recordal of the Change in Ownership

According to § 28 MarkenG it is presumed that the person entered in the Register as proprietor is entitled to the right established by the registration of a trademark. Furthermore, if the right established by the registration of a trademark was transferred or assigned to a third party, the successor in title shall, in proceedings before the Patent and Trademark Office, appeal proceedings before the Patent Court or proceedings of appeal on a point of law before the Federal High Court of Justice, be able to assert the claim for protection of this trademark and to invoke the right established by the registration only from the date on which the request for registration of the assignment of rights has been received at the Patent and Trademark Office. For these reasons it is advisable to record the change in ownership as soon as possible.

Procedure in Practice