Article 13 — Application for registration of a transfer
- An application for registration of a transfer under Article 17(5a) of Regulation (EC) No 207/2009 shall contain:
- the registration number of the EU trade mark;
- particulars of the new proprietor in accordance with Article 2(1)(b) of this Regulation;
- where not all the registered goods or services are included in the transfer, particulars of the registered goods or services to which the transfer relates;
- evidence duly establishing the transfer in accordance with Article 17(2) and (3) of Regulation (EC) No 207/2009;
- where applicable, the name and business address of the representative of the new proprietor, to be set out in accordance with Article 2(1)(e) of this Regulation.
- Points (b) to (e) of paragraph 1 shall apply mutatis mutandis for the purposes of an application for the recording of a transfer of an EU trade mark application.
- For the purposes of paragraph 1(d), any of the following shall constitute sufficient evidence of transfer:
- the signing of the application for registration of the transfer by the registered proprietor or a representative of that proprietor, and by the successor in title or a representative of that successor;
- where the application is submitted by the registered proprietor or a representative of that proprietor, a declaration signed by the successor in title or a representative of that successor that he agrees to the registration of the transfer;
- where the application for registration is submitted by the successor in title, a declaration, signed by the registered proprietor or a representative of that proprietor, that the registered proprietor agrees to the registration of the successor in title;
- the signing of a completed transfer form or document, as laid down in Article 65(1)(e) of Delegated Regulation (EU) 2017/1430, by the registered proprietor or a representative of that proprietor and by the successor in title or a representative of that successor.