Proceeding For The Transfer Of A Trade Mark

Pursuant to Article 69 of the Trademarks and Other Distinctive Signs Act, N°7978, the transfer of a trade name presupposes the transfer of the commercial establishment to which the registration is related.

Therefore, in compliance with the Code of Commerce, Article 479, there is an obligation to include expressly in the trade name transfer document that company or business establishment is transferred as well, including the publication of the corresponding notice in the Official Gazette for three consecutive times ( to give notice to third parties.)

It is mandatory to file a notarial certificate proving all three publications, under penalty of declaring the request for transfer of the trade name as an abandoned proceeding.

"Article 69. Transfer of the trade name Trade names may only be assigned together with the company or establishment which uses them or with the part of the company or establishment which uses them. Assignment of trade names which are registered or applied for shall be recorded in the Industrial Property Register, according to the procedure applicable to the assignment of trademarks, as appropriate, and shall be subject to payment of the same fee." (Trademarks and Other Distinctive Signs Act, N°7978 and Amendments.)

"Article 479.- The transmission by any consideration of a commercial or industrial establishment, either directly or by auction, or the individual transfer of the limited liability company which it belongs to, must necessarily be announced in the official newspaper by a notice to be published three consecutive times, in which creditors and interested parties will be summoned to appear themselves within fifteen days from the first publication to assert their rights." (Code of Commerce, Decree N°3284.)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.