To record a trademark assignment the following supporting documents are required: An extract of the deed showing the transfer (a purchase contract, deed of divorce and division, deed of contribution, judgement) or a statement pertaining to the transfer signed by both parties.
Following article 2.31 (2) (a) BCIP the transfer of the trademark between living persons has to be laid down in writing.
2.1 Are original supporting documents essential or are copies sufficient?
Rule 3.1(4) of the Implementing Regulations under the Benelux Convention on Intellectual Property (trademarks and designs) (“Implementing Regulations”) prescribes that submission of a copy of the deed evidencing assignment will suffice.
2.2 Are there any legalization and/or notarization and/or translation requirements?
According to rule 3.1(1) of the Implementing Regulations a request asking for modification of entries in the register concerning a Benelux filing or registration be changed has to be addressed to BOIP containing the registration number, the name and address of the holder of the right, the holder’s signature, the signature of its representative, and in relevant cases, the representative’s name and address or the correspondence address. In relevant case, the request should be accompanied by documentary evidence.
Translation requirements: According to rule 3.3(1) of the Implementing Regulations the working languages of the BOIP are Dutch, French and English. Rule 3.3(3) prescribes that documents evidencing a transfer will also be accepted if they have been drawn up in German.
2.3 Is there a must to use a specific form?
Following Rule 3.4 of the Implementing Regulations the documents, documentary evidences and enclosures that are to be submitted to BOIP may be submitted using means, electronic or otherwise, stipulated by the Director General. The Director General has issued a document on Submission of supporting documents and means of evidence. As of 1 January 2021 the following conditions apply to supporting documents and means of proof:
- all pieces must be included in a bundle of documents;
- the bundle of documents must have a table of contents containing at least: (i) the number under which each Piece can be found in the bundle of documents; (ii) A brief description of each Piece included in it; (iii) A description of the facts that each Piece proves;
- where appropriate the basic document must refer to the Piece in the bundle of documents which relates to the passage in question by indicating the number of the Piece in said bundle;
- where appropriate, where passages relevant to the evidence to be provided are part of larger Pieces, which are otherwise irrelevant (such as advertisement in a periodical), these relevant passages should be highlighted or otherwise precisely indicated;
- BOIP urges that bundles of documents should be limited in size. BOIP strongly recommends observing a maximum of 110 pages.
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