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Trademark Registration


The trademark has, at the present time, a very important say in choosing the buyer, not only because it represents a guarantee of quality, but also because of the service delivery it represents after the sell is completed, offer which does not exist in the case of anonymous products.

At the request of the person interested and upon covering the taxes imposed by law, SOIT registers the transfer in the National Register of Trademarks and publishes it in the 'Industrial Property' Official Gazette. The transferee receives full rights over the trademark which is being transferred to him/her.

In some situations, the rights over the deposit can also be transmissible.

Through transfer, trademarks can be estranged independently of transferring the goodwill in which it is incorporated.

Through the transfer contract, the transferee substitutes the assignor in his/her rights.

The latter can no longer begin a counterfeiting litigation except for the acts prior to the transfer, but in this case the transferee and the assignor can get involved ina lawsuit in which the validity of the transmissible trademark is debated.

The transfer can be:

  • Complete, in the event in which it involves all the classes of products for which the trademark has been registered.
  • Partial, in the event in which it involves only certain classes of products, without territorial limitation for using the trademark.

The right of property over the trademark can be estranged:

  • completely;
  • partially;
  • with onerous title;
  • with free title (through donation or inheritance).

The transferring contract can have as object only a valid trademark which is in effect.

Important! The transferring has to be done in writing and needs to be signed by the involved parties. The sanction for not following this condition is annulment.