Change of trademark

Having obtained a trademark registration certificate, the right holder may use it to protect his own products, or transfer the rights to third parties. Under certain conditions it is allowed to change the trademark, if this is not associated with a change in the registered designation itself. For this purpose, the owner of the mark must submit an application to FIPS.

trademark

How the trademark is changed

The law prohibits changes to a designation previously registered as a trademark. If the owner of the object decides to change it (include new elements, change or add to the form), it will have to go through the registration procedure again in respect of the new unique mark. If there is a match with the previously registered designation, the applicant will receive a refusal from FIPS.

The change of trademarks is allowed in the following directions:

change in the legal address of the right holder - this fact will be confirmed by an extract from the Unified State Register of Legal Entities (for organizations) or the Unified State Register of Entrepreneurship (for entrepreneurs);
change of the business name of the company - this fact will also be confirmed by an extract from the Unified State Register of Legal Entities;
change of legal owner - this fact is confirmed by an agreement on the alienation of rights or a licensing agreement.

In order to officially change the legal address and/or company name, the company must go through the registration procedure with the Federal Tax Service. Only after the new information has been entered in the Unified State Register of Legal Entities and the relevant extract has been received should an application be submitted to the FIPS.

The application may be submitted not only in person, but also through a representative under a power of attorney. The representative can be a patent attorney - in this case the right holder is guaranteed to comply with all the requirements for the execution of documents.

The application specifies the grounds for the application, as well as the composition of the new information to be entered in the register. Changes will be made in the register, as well as in the trademark certificate. The applicant will have to pay a fee of 1960 roubles for the mentioned actions (for updating the information in the Register). (For the above mentioned actions the applicant shall pay the fee in the amount of 1960 rub. (in case of introduction of new data to the certificate). The fees are stated with the discount of 30% for the electronic application.

It is in the interest of the rights holder to apply for a timely amendment of the above information. If the register and certificate contain invalid data, the trademark owner will not be able to extend the term of validity, sell the rights or transfer them under license conditions. In addition, there will be problems when applying to the courts for protection against infringement, in domestic or foreign trade transactions with goods.

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