The Community Trade Mark
6.The Community Trade Mark as an Object of Property :
Community trade mark applications and registrations can be objects of property to the extent stated below.
6.1 Transfer of Ownership of a Community Trade Mark
[Art. 17, Rule 31,32]
A Community trade mark may be transferred separately from any transfer of the undertaking. This transfer may refer to some or all of the goods or services. If the undertaking as a whole is transferred, this includes the transfer of the Community trade mark unless otherwise agreed. However, such a transfer must not result in the public being misled as to the type, quality or geographic origin of the goods and services.
The transfer shall be entered in the Register and published upon request of one of the parties. The assignee is not entitled to invoke the rights conferred by the Community trade mark as long as the transfer has not been recorded in the Register.
6.2 Rights in rem
[Art. 19]
A Community trade mark may be given as security or be the subject of rights in rem. Such rights may and, in order to have effect vis-a-vis third parties, should be entered in the Register and published upon request of one of the parties.
6.3 Levy of execution
[Art. 20]
A Community trade mark may be levied in execution. Levy of execution can be entered in the Register and published upon request of one of the parties.
6.4 Insolvency and similar proceedings
[Art. 21]
A Community trade mark may only be involved in insolvency or similar proceedings in a Member State in which the debtor has his centre of main interest. An entry to this effect may be made in the Register and published upon request of the competent national authority.
6.5 Licensing
[Art. 22, Rule 33-35]
A Community trade mark may be subject to a licensing agreement. A contractual licences granted in respect of a Community trade mark may:
- be exclusive or non-exclusive,
- cover the whole or just part of the European Union,
- cover some or all of the goods or services.
Like a transfer of the Community trade mark itself, the grant or transfer of a license may and, in order to have effect vis-a-vis third parties, should be entered in the Register and published upon request of one of the parties.
A breach of the license agreement is considered an infringement of the rights conferred by the Community trade mark to the extent that the licensee contravenes any provision in the licensing agreement with regard to:
- its duration,
- the form in which the Community trade mark may be used,
- the scope of the goods or services for which the license is granted,s
- the territory in which the Community trade mark may be used, or
- the quality of the goods manufactured or of the services provided by the licensee.
Given a breach of this kind, the licensor may invoke the rights conferred by the Community trade mark against the licensee.
The licensee is also entitled to bring action for infringement of a Community trade mark if the licensor gives his consent thereto. However, the licensee of an exclusive licence may also bring such action if the licensor does not himself initiate infringement proceedings within an appropriate period after formal notice. In addition, in order to obtain compensation for damages, the licensee is entitled to intervene in infringement proceedings brought by the proprietor of a Community trade mark.
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