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Letter of agreement of co-owners transferring trademark is a mandatory legal document in the intellectual property transfer file for co-ownership cases. This document represents the agreement between joint owners on the disposition of trademark assets. Without this document, the transfer document will be considered invalid. In the following article, Long Phan will analyze in detail the regulations, procedures and sample documents agreeing to transfer a co-owned trademark.
According to the provisions of Clause 2, Article 218 of the Civil Code 2015, the transfer of trademarks by co-owners is considered an act of disposition of common property. Therefore, for the disposal of consolidated common property to take place legally, it must be done according to the agreement of the co-owners or according to the provisions of law.
Therefore, trademark transfer requires the consent of all co-owners. This is an important legal requirement in the process of transferring intellectual property rights.
Joint ownership of intellectual property is a legal relationship that arises when two or more individuals or organizations jointly own the same intellectual property. This property may include trademarks, patents, industrial designs or any other intellectual property rights protected by law.
Joint ownership relationships can form information through joint creation, registration or through cooperative agreements between parties.
According to Article 210 and Article 218 of the Civil Code 2015, joint owners have equal rights and obligations regarding jointly owned property. Including the use, exploitation, transfer or licensing of intellectual property to third parties.
As stated above, the transfer of joint trademark ownership requires the agreement of all co-owners. Therefore, if a co-owner arbitrarily transfers the trademark without the consent of the remaining parties, he may face many risky solutions. Specifically:
Therefore, to ensure legality and avoid risks, trademark transfer requires the written consent of all co-owners.
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness ————————— …….., day … month … year ….. |
LETTER OF AGREEMENT FOR CO-OWNERS
TRANSFER OF TRADEMARK OWNERSHIP
Dear: ……..
(In case the co-owner is an individual)
I am:……..
ID card/CCCD/Passport number: …….. Issued by: …….. Date: ……..
(In case the co-owner is an organization)
I am: ……..
ID card/CCCD/Passport number: …….. Issued by: …….. Date: ……..
As the legal representative of ……..
Enterprise code: …….. Issued by: …….. Date: ……..
Co-owner with …….. in …….. following brands:
………………………………..
I completely agree to …….. transfer the rights of …………. for …….. the above mentioned brand.
Agency confirmation
|
Co-owner
(Sign and write full name)
…….. |
According to the provisions of Article 58 of Decree 65/2023/ND-CP, the application for registration of transfer of trademark ownership when there is co-ownership includes:
For collective marks and certification marks, it is necessary to supplement:
Note: Each record only records one transfer step. If transferring multiple steps, separate documents must be submitted for each step.
According to Decision 3038/QD-BKHCN, documents can be submitted in the following ways:
According to the provisions of Circular 263/2016/TT-BTC regulating fees and charges for procedures related to industrial property, when transferring trademark ownership, fees and charges may be Close includes:
At Long Phan, we provide professional consulting and support services in trademark transfer procedures. The services we provide include:
Trademark transfer is a complicated procedure, requiring the subject to have an understanding of legal regulations. When using consulting services at Long Phan, we commit to supporting customers in completing all procedures quickly and professionally. Please contact the hotline immediately 0906735386 for free consultation. We are ready to accompany customers, ensuring a smooth and effective trademark transfer process.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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