Detailed legal and procedural information on the Hague System can be found in our comprehensive Hague System User Manual. An application for a Declaration of Change of Ownership (Form DM/2) must contain or indicate the following: Ownership of an industrial design may change for different reasons and in different ways. A change of ownership may result from a contract, such as an assignment.B. Other reasons may be a court decision or legal force such as inheritance or bankruptcy or the merger of two companies. WIPO does not require proof of change of ownership. No supporting documents (. B copies of the deed of assignment or any other contract) shall not be sent to WIPO. In principle, applications for registration of amendments must be made and signed by the holder. However, an application for registration of a change of ownership (Form DM/2) may also be submitted by the new owner, provided that the question of the recording of a change of ownership in the International Register is also distinguished from the question of the validity of such a change of ownership. For example, the Hague Convention does not specify the conditions to be met with regard to the validity of an act of assignment in the context of an international registration. These conditions are subject exclusively to applicable national law and may therefore vary from one party to another (e.B the need for a written certificate of assignment, proof of the age of the parties to assess their legal rights, etc.).
For more information on changes in ownership, see points B.II.60.01 to 69.05 of the Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol and the Note for the Submission of Form MM5. If the application is admissible, the International Bureau shall immediately record the amendment in the International Register and inform both the new holder and the previous holder. The form shall be signed or sealed and the identity of the signatory shall be indicated in accordance with point 7. It is also envisaged that, if necessary, the name of the contact person will be indicated. This can be useful if, for example, the form is submitted on behalf of a legal entity. In addition, some national/regional laws allow situations where the registration of a partial change of ownership is not permitted. This is the case, for example, in some jurisdictions where several industrial designs are considered to be a single industrial design, which means that all designs belonging to the same group enjoy legal protection as a whole and do not enjoy independent protection. As a result, all the drawings that make up the whole can only be transferred to the same assignee at the same time. This is also the case in some jurisdictions where the law provides for a “similar design” system or a “related design” system.
Industrial designs registered under this particular condition may only be transferred at the same time. Search the profiles of members of our Hague System for country-specific general and legal information on each Party. The Hague Convention only stipulates that the conditions must be met in order to effectively register a change of ownership in the International Register. This question therefore comes into play only after the formal conclusion of the contractual agreement or the occurrence of the non-contractual reason for the change of ownership. Fill out the | forms Need help? Contact The Hague An assignment or other transfer of the international registration only for some of the industrial designs or only for the designated Contracting Parties shall be recorded in the International Register under the number of the international registration part of which has been transferred or otherwise transferred. In such a case, any part assigned or otherwise transferred shall be deleted under the original number of the international registration and registered as a separate international registration. The separate international registration shall bear the number of the international registration part of which has been assigned or otherwise transferred, as well as a capital letter. The Trademark Manual of Examination Procedure (TMEP) can be downloaded free of charge from the United States Patent and Trademark Office (USPTO) website at www.uspto.gov/trademark/guides-and-manuals/tmep-archives. The manual is published to provide USPTO Trademark Testing Consultants, Trademark Applicants, and Lawyers and Representatives of Trademark Applicants with a reference book on practices and procedures related to the prosecution of trademark applications to the USPTO. The manual provides guidelines for the examination of lawyers and documents relating to information and interpretation and describes the procedures that examining lawyers must or can follow when examining trademark applications. The new owner or purchaser may also appoint a representative, together with the application for a declaration of change of ownership. This is provided for in paragraph 8 of the form, according to which such an appointment must be made either by attaching the corresponding power of attorney to form DM/2 (change of ownership) or by attaching the duly completed form DM/7 (appointment of a representative) to form DM/2.
Send us your completed forms via our document upload service via your WIPO account. Tips for downloading forms. The following example may illustrate how this rule works: A particular international registration contains the designations of Contracting Parties A and B under the 1999 Act, with Party A making the declaration under Article 16, paragraph 2, of the 1999 Act. A complete change of ownership of the international registration from holder X to new holder Y has been recorded in the International Register. After three months from the date of publication of the minutes of the said change of ownership, the International Bureau shall receive from the Bureau of Party A a declaration that the change of ownership has no effect on that Party. The International Bureau shall record the said declaration in the International Register and inform the previous holder (the assignor) and the new holder (the acquirer) in accordance with paragraph 4 of this Rule. In accordance with this paragraph, the International Bureau amends the complete change of ownership into a change of ownership in respect of Part B, resulting in the creation of a new international registration in the name of X for Part A. .