The registration of a design is always carried out in the name of a natural person or a legal person. In the event of a change in the name, legal form or address of this (legal) person, this has to be notified as a modification to the design record filed with the design office.
Any modification or change in the design details has to be filed in the register in order to be able to enforce the protection of your rights on such. This is because a third party has to be able to see if you are indeed the rightful owner of the claimed design. The official bodies that keep the registers charge a fixed fee for the filing of any design registration modifications.
There are several types of design record modifications:
A change of address has to be notified whenever a natural person or legal person moves address, and if all the other details remain the same. The natural person or legal person will still have the same name and the legal form will also remain unchanged. We can file the notification of a change of address directly with most design offices (such as the Benelux office and the European office). However, some countries outside the Benelux require the submission of certified documents as well.
The assignment of a trademark is when a natural person or legal person transfers the trademark rights to another person or entity. An assignment can take place from one limited company to a completely different limited company. But an assignment can also take place from a limited company to a public limited company within the same group of companies. This is because they are considered to be separate legal entities.
In order to file an assignment in the register, a deed of assignment is (nearly) always required. This deed of assignment has to be signed by both the transferring party and the receiving party. Furthermore, in countries outside the Benelux this deed often also has to be legalised. This means a civil-law notary has to witness the signing of the deed to confirm the identity of the person's signing the deed.
A change of name is when a legal person changes its name without any other changes taking place in the legal person itself. If the entity is still registered with the Chamber of Commerce under the same registration number, even though it has changed its name, then the modification will be treated as a change of name. For example, a company can change its name from A1 B.V. to C4 B.V. To file a change of name, it is usually enough to submit a document as proof of the change of name, such as an official extract of the registration history with the Chamber of Commerce.
The documents required to file a modification to a design registration record (such as a deed of assignment) often have to be signed by all the parties involved. We recommend that you do not wait too long before obtaining the necessary signatures and filing the modification notification. This is because as time goes by it might be difficult to get the necessary signatures from the party that has relinquished its rights. For example, if it concerns a company that has since ceased to exist.
Would you like NLO Shieldmark to handle the filing of every type of modification notification for you. If so, contact one of our design attorneys.Contact us
Fake invoices are unfortunately a well known problem among trademark owners. A fake invoice is a misleading invoice (or letter) which reffers to a trademark, design, patent or patent application. A payment is requested for a publication in a register or to extend the validity of a registration.They use names like Worldwide database or Trademarks and Patents, Euro IP Register, International Patent & Trademark Database.
Our advice: don't pay. Please contact us is you have any doubts.
NLO Shieldmark is proud to have been voted ‘Benelux - Firm of the Year for Trade Mark Prosecution’ by the highly respected Managing IP magazine. The award was presented on Thursday 10 March 2016 in London.
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