Assignments – changes
Patents, trademarks and design rights are recorded in the registers of the respective authorities. If the owner's details change, this change must also be recorded in these registers. Having the correct data will ensure that you can act more quickly in legal cases, and that you are available to those seeking to contact you regarding your patent, trademark and/or design registrations. Even more importantly, without a professionally executed recording of assignments of this type, you may lose a right, or the right cannot be claimed against third parties.
Changes to your trademark or design may, for example, have significant consequences. If the change relates to the trademark or design itself, it is advisable to contact your trademark and design attorney as quickly as possible so that he can let you know how the assignment will affect your protection. However, if the assignment relates to the trademark holder’s details, such as a change of name or address, or possibly the sale to a third party (a transfer), it is even essential for this change to be recorded in the trademark registers in which you have had your trademarks registered. These registers must in any event indicate who owns the trademark or design and, if this does not match the reality, this may have a negative impact on your ability to claim the protection against a third party and, in the worst case, may result in expiry of the protection.
It is advisable to engage Arnold + Siedsma at an early stage in the event of any data assignments. Arnold + Siedsma will make sure that the changes are recorded correctly in the registers, not only in the Netherlands and Belgium, but in all countries of the world.