[eu]cite

Home› Intellectual Property› MarkenG (EN)

Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence  ›  Chapter 5 · Trade marks as objects of property › Section 27

Transfer

(1) The right established by the registration of a trade mark, the use of a trade mark or the fact of being a well-known mark may be transferred or pass to others for all or for a part of the goods or services for which the trade mark enjoys protection.

(2) Where the trade mark is part of a business operation or of a component of a business operation, the right arising from the registration of the trade mark, the use of a trade mark or the fact of being a well-known mark shall in cases of doubt be covered by the assignment or the transfer of the business operation or of the component of the business operation to which the trade mark belongs. This provision shall apply accordingly to the contractual obligation to transfer the business operation or a component of the business operation.

(3) The transfer of the right arising from the registration of a trade mark shall, upon the request of one of the parties, be recorded in the Register if proof thereof is furnished to the German Patent and Trade Mark Office.

(4) If the transfer only concerns one part of the goods or services for which the trade mark is registered, the provisions on the division of the registration shall apply accordingly, with the exception of section 46 subsections (2) and (3) sentence 1.

←→ also move between sections