Can a trademark be assigned (transferred) to another person?

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Can a trademark be assigned (transferred) to another person?

The right conferred by the registration of or application for a trademark may be transferred or assigned to another person in respect of some or all of the goods or services for which the trademark is protected.

Assignment of a trademark in Armenia shall be in writing and be registered with the Armenian Intellectual Property Agency (AIPA) in order to be valid (art. 1175 of the Civil Code of Armenia). Thus, failure to register will make the assignment unenforceable not only against innocent third parties but also the assignor and the assignee.

The AIPA has one month to examine the documentation and register the assignment. Refusal to register the assignment (e.g. on the ground of potential deception of the public) can be appealed to the court or the AIPA Appellate Committee. Information on assignments is published in the Official Journal of the AIPA.

The business previously attached to the mark does not have to be transferred together with the trademark. To record the assignment, the parties do not have to include a value or consideration for the goodwill attached to the trademark.

The AIPA does not control the conditions of the assignment. However, an assignment may be prohibited if it could potentially deceive the public concerning the nature, quality or origin of the goods and services.

Rights to unregistered trademarks can be assigned under general provisions of the civil law and are not subject to recording.

2014-01-11T09:58:30+04:00 January 11th, 2014|