Transfer, better right
If someone has applied for registration of a trademark that you consider to be yours, you can apply for the application to be transferred to you.
You must prove that you have better right to the trademark than the applicant. You can only apply for the whole application to be transferred to you, not parts of it.
Prove better right
The party that claims better right to the trademark must be able to prove better right for PRV to be able to transfer the application.
You can apply for transfer of a trademark application anytime during the application period, even if it has been sent to the Patent and Market Courts.
PRV cannot transfer an application during an opposition proceeding since the application period is over once we publish the trademark.
- If an application for transfer to another applicant is submitted PRV cannot make any negative decisions before the transfer decision is final.
- If PRV decides that the application should be transferred, the other party can file an appeal to the Patent and Market Court. The party that the application is transferred to must pay a new application fee.
- If an application is transferred any pledge agreement will lapse. The new applicant with better right should not have to be burdened by someone that does not have any right to the trademark.
Bring a case to court
If PRV assesses that it is not clear who has better right to the trademark you will receive a letter, a so-called office action, with information about how and when to bring the case to court. Such a case is brought to court in the district where the applicant of the trademark application was domiciled on November 1st of the previous year.
Even if the case is not brought to court PRV can still transfer the application. For example, if PRV has received information that proves better right after the office action was sent.
Sometimes it is clear that a trademark cannot be registered. In those cases, PRV will not send an office action about bringing the case to court since the trademark application will be refused.