Guidance

Transfer of Rights

Following the submission of a trademark's application for registration or its registration, the applicant or the registered beneficiary may transfer their rights arising from the application or the registered trademark.

The transfer of rights may be whole or partial; hence, it may concern only certain products and services of the trademark, provided that no risk of misleading the public arises, particularly as to the nature, quality or geographic origin of the product or service.

The applicant or the registered beneficiary must notify to the Intellectual Property Section the transfer of rights by submitting form Ε.Σ 10.

Filing of transfer of rights

You may submit an application for filing alterations to the register (form Ε.Σ 10), hand / post, with sufficient evidence of transfer, by paying the fee of one hundred and eighteen euro (€118) for every mark transferred by the application.

The fees above are payable in cash, by cheque, directly from an account you maintain in the Department of Registrar of Companies and Intellectual Property, or by bank order.

Sufficient evidence of transfer may be one of the following:

• transfer application signed by the applicant or registered beneficiary of the trademark and the transferee or their respective lawyers;
• the application is submitted only by the transferee and accompanied by written declaration of consent, signed by the applicant or the registered beneficiary of the trademark or their lawyer; or
• the application is submitted only by the applicant or the registered beneficiary of the trademark and is accompanied by written declaration of consent, signed by the transferee or their lawyer; and
• the application is accompanied by the transferee’s affidavit, which states all earlier non-filed transfers, in case where the mark originates from earlier transfers that have not been filed with the register.

In case where the conditions for the filing of transfer are not met, the Section informs you accordingly and requests that you make relevant corrective actions within two (2) months. In case of non-compliance, the application is dismissed.

Provided that the Intellectual Property Section is satisfied that all, depending on the case, legal requirements have been met, it proceeds with the filing of the transfer with the trademarks register. The transferee is entered into the register as the new registered beneficiary of the mark or marks that have been transferred. In case of partial transfer, the products or services of the initial registration are separated from the products and services transferred, which received a new registration number, the protection of which is valid from the submission date of the initial registration.

In case you wish to request the issuance of certified or uncertified copies, you may submit an application for obtaining trademark's certified copies.