The Trade Marks and Designs Registration Office of the European Union
7.1 What is the CTM Register?
7.2 Is a change of the corporate status of a CTM owner recorded as a change of name or rather as a transfer?
7.3 Is a merger affecting a CTM owner recorded as a change of name or rather as a transfer?
7.4 . Are conversions for only part of the goods and services admitted?
The CTM Register is a database containing particulars of all trade marks registered by the Office. The Register is constantly updated, to take into account any change, such as transfer of ownership, change of name or address, granting of a license or a security. The Register is available for inspection, subject to a written request and the payment of fees. The Register is managed by the Register and Fees Service of the Operations Support Department.
This will be decided in the light of whether the national law governing the corporation sees the change of corporate status as a change in the identity of the corporation (in which case, it will be recorded as a transfer), or not.
A merger involves a change in the identity of the affected corporations, and will therefore be recorded as a transfer. Where the owner of the CTM or CTM application absorbs another company, there is no change of identity as far as the owner is concerned.
7.5 . Is a copy of the deed of transfer required in order to record a transfer?
It is sufficient for the parties to agree to record a change of ownership in the Register. A simple request by fax in this respect signed by both parties will be enough and if they have appointed a common professional representative before the Office, he may sign that request on their behalf. In this cases, it is not necessary, to file a copy of the deed of transfer. Only if such a written agreement of the other party to the transfer is not submitted, will other proof of the transfer (copy of the deed of transfer) be necessary.
7.6. Can the owner split a multiclass CTM?
Yes, application or registration can be divided not only as the result of a partial transfer, but also on the own volition of the CTM applicant or owner.
The division is subject to a fee of 250 Euro, otherwise it will be deemed not to have been filed. It may be requested in one of the two languages of the CTM application prior to registration, and thereafter in any of the five languages of the Office.
The division is not available for an international application under the Madrid Protocol designating the EC: their Register is exclusively kept at WIPO. The OHIM does not have the authority to divide an international designation.