EU trade mark registration is not a one-off event \u2014 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.<\/p>\n
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 \u2014 a security right or other right in rem<\/em> over the mark as an asset. Each type follows its own procedure and, importantly for budget planning, carries a different cost \u2014 some entries are free of charge, others are not.<\/p>\n 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 \u2014 it is in substance an assignment of rights and must be processed accordingly.<\/p>\n EUIPO does not normally require documentary evidence of a change of name or address, but where doubts arise the Office may request proof \u2014 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 Outdated contact details are a common reason why a proprietor misses a third-party opposition notice or a renewal reminder: EUIPO sends correspondence to the address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.<\/p>\n Assignment (Article 20 EUTMR) may be complete or partial \u2014 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.<\/p>\n 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 \u2014 this is particularly undesirable where proceedings before EUIPO are already under way or may be initiated in respect of the mark.<\/p>\n 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<\/a>.<\/p>\nChange of Proprietor Details: When It Is Not Merely a Formality<\/h4>\n
Assignment of Rights: The Key Points<\/h4>\n
Licensing \u2014 A Separate Topic<\/h4>\n
Change of Representative and Encumbrances<\/h4>\n