Sample letter of agreement of co-owners transferring trademark

Article overview

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.

 Letter of agreement of co-owners transferring trademark
Letter of agreement of co-owners transferring trademark

Does transferring a trademark require the consent of the co-owner?

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 assets

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.

Regulations on ownership of intellectual property
Regulations on ownership of intellectual property

Is it okay to transfer a trademark without the consent of the co-owner?

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:

  • The transfer contract will be considered invalid;
  • During the transfer process, documents will not be accepted due to the requirement that the parties provide documents proving the consent of the co-owners;
  • If the transferor intentionally conducts the transaction without going through the co-owners, it may be sued or prosecuted for intellectual property infringement, causing damage to the remaining parties;
  • An invalid transfer may lead to legal disputes between co-owners;
  • If the trademark is not transferred properly, the parties may lose the right to protect the trademark against infringements from third parties, leading to financial and reputational damage.

Therefore, to ensure legality and avoid risks, trademark transfer requires the written consent of all co-owners.

Sample letter of agreement of co-owners transferring trademark

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)

 

 

 

 

……..

                                                                                             

Sample letter of agreement of co-owners transferring trademark
Sample letter of agreement of co-owners transferring trademark

Procedures for transferring trademark ownership when there is co-ownership

Profile components

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:

  • Transfer contract registration declaration according to Form 01 Appendix IV (issued together with Decree 65/2023/ND-CP).
  • Trademark ownership transfer contract (original or notarized copy).
  • Original trademark registration certificate.
  • Written agreement of the co-owners on the transfer.
  • Authorization document (if submitted through a representative).
  • Proof of payment of fees and charges.

For collective marks and certification marks, it is necessary to supplement:

  • Regulations on use of the transferee’s trademark.
  • Document proving the transferee’s right to apply.

Note: Each record only records one transfer step. If transferring multiple steps, separate documents must be submitted for each step.

Place to submit application

According to Decision 3038/QD-BKHCN, documents can be submitted in the following ways:

  • Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
  • Submit directly or by post to: Head office of the National Office of Intellectual Property in Hanoi, Representative Office of the National Office of Intellectual Property in Ho Chi Minh City, Representative Office of the National Office of Intellectual Property in Da Nang.

Fees and charges

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:

  • Document appraisal fee: 230,000 VND/subject.
  • Associated trademark search fee: 180,000 VND/object.
  • Application appraisal fee (collective trademark, certification): 550,000 VND/subject.
  • Registration fee for Transfer Decision: 120,000 VND.
  • Transfer Decision announcement fee: 120,000 VND.

Procedure consulting services and support for drafting the letter of agreement of co-owners transferring trademark in Long Phan

At Long Phan, we provide professional consulting and support services in trademark transfer procedures. The services we provide include:

  • Consulting on regulations on transfer of intellectual property rights;
  • Assist customers in drafting and collecting necessary documents;
  • Consulting and drafting co-owner consent documents in accordance with legal standards;
  • Support customers to negotiate and negotiate with co-owners;
  • Representing customers to submit documents and monitor processing progress;
  • Advise on solutions when applications are rejected;
  • Answer all questions during the transfer process.

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.