EU trade mark registration is not a one-off event — it is an entry that must reflect the actual state of affairs throughout the entire term of protection. Where a company's legal name, address, proprietor, or representative changes, updating the EU trade mark register becomes a practically important step on which the accuracy of the data EUIPO relies upon for its operations and communications depends.
Five Types of Entry Maintained by the EUIPO Register
Article 111 EUTMR defines the information and entries contained in the EUIPO Register. The most frequent in practice: change of proprietor details (name, address), full or partial assignment of rights, change of representative, recordal of a licence, and encumbrances — a security right or other right in rem over the mark as an asset. Each type follows its own procedure and, importantly for budget planning, carries a different cost — some entries are free of charge, others are not.
Change of Proprietor Details: When It Is Not Merely a Formality
The simplest type of entry is updating the proprietor's name or address, or other details, where the change does not involve a change in the identity of the proprietor itself. Where the legal entity has actually changed, however, this is no longer a change of name — it is in substance an assignment of rights and must be processed accordingly.
EUIPO does not normally require documentary evidence of a change of name or address, but where doubts arise the Office may request proof — for example, an extract from the commercial register. Outdated contact details are a common reason why a proprietor misses a third-party opposition notice or a renewal reminder: EUIPO sends correspondence to the address recorded in the register, not to the address shown on the company's website.
Assignment of Rights: The Key Points
Assignment (Article 20 EUTMR) may be complete or partial — where part of the goods or services remains with the former proprietor and the transferred part forms a separate registration with a new number. The official EUIPO fee for recording an assignment is zero.
As against third parties, the assignment takes effect only upon entry in the register (Article 27 EUTMR): until that point, the transferee generally cannot rely on the rights arising from the registration and does not receive EUIPO communications as the registered proprietor. Once a recordal request has been filed, however, the transferee may already perform certain procedural acts to meet deadlines before the Office. A delay in filing creates a procedural gap between the actual transfer of rights and the register data — this is particularly undesirable where proceedings before EUIPO are already under way or may be initiated in respect of the mark.
Licensing — A Separate Topic
Recordal of a licence is also entered in the register (Article 25 EUTMR) and has a declaratory effect against third parties, although the licence agreement itself takes effect from the date of signing regardless of the entry. The structure of a licence agreement, the risks for the licensor, and common drafting errors are covered in detail in our separate article on EU trade mark licensing.
Change of Representative and Encumbrances
The appointment of a new patent attorney or law firm is recorded as a separate entry; technically this is not a "change of name" of the former representative but the appointment of a new one. An encumbrance — the mark pledged as security for a bank or investor — is recorded in the register (Article 22 EUTMR) in order to take effect against third parties.
How a Request for Recordal Is Filed
A request is filed electronically through the EUIPO User Area or on a paper form — the electronic route is faster and allows the status of the request to be tracked. For an assignment, documentary evidence of the agreement is not formally required: it is sufficient for the request to be signed by both parties or their representatives. Where only one party signs, EUIPO will require a copy of the contract or other evidence of consent.
Processing takes from a few weeks to a few months depending on the Office's workload and the completeness of the documents submitted. An incomplete package is the most common cause of delay.
How Much It Costs
Changes to the proprietor's name or address and recordal of an EUTM assignment are not subject to an EUIPO fee. For recordal of a licence, its transfer, the creation or transfer of a right in rem , and certain other rights, a fee of €200 applies per entry; under specified conditions, the aggregate fee for several simultaneous requests is capped at €1,000. Cancellation of a recorded licence or other right also costs €200 per cancellation, with a corresponding cap of €1,000 for several simultaneous requests.
A separate, exceptional procedure is provided for under Article 54 EUTMR for amending a registered mark where it contains the name and address of the proprietor. Such an amendment is permitted only where it does not substantially affect the identity of the mark; the fee is €200.
What Most Often Goes Wrong
The most common mistake is keeping a signed assignment agreement in a drawer for years, on the basis that the right already belongs to the new proprietor in practice. Formally this is true: the agreement takes effect between the parties from the date of signing. But the moment a dispute arises with a third party, it is the person recorded in the register who is treated as the party to the proceedings.
The second typical situation is a discrepancy between jurisdictions: the company has updated its name in the Ukrainian or another national register but has never filed a request with EUIPO. The EU trade mark register does not synchronise automatically with any national register.
The third issue concerns not the register data but the asset itself. Assignment of a mark does not interrupt the running of periods related to the obligation of genuine use: a change of proprietor does not in itself start a new five-year period or reset the history of use by the former proprietor. Before acquiring an EUTM, it is therefore worth verifying not only the register data but also the actual use of the sign by the former proprietor — if the mark is already vulnerable to revocation for non-use, a change of proprietor does not eliminate that risk.
Regularly checking your own entry in the EUIPO register is part of the minimum oversight any asset requires. The simplest way to do this systematically is through watch monitoring of the register, which also provides advance warning of attempts by competitors to register similar signs.
EUIPO does not set a single deadline for making amendments following a corporate event — but until the entry is updated, the new proprietor's rights against third parties remain unprotected.
