Since a trademark is an object of intellectual property, the transfer of exclusive rights to it can be carried out by concluding a license agreement that allows its use, but under certain conditions and for a certain period, as well as an alienation agreement. In the latter case, the exclusive rights to the mark are transferred to another person in full.
In some cases, exclusive rights to a trademark are transferred under a franchising agreement, which allows the trademark owner to receive additional income and fame, and the franchisee to quickly open a business under a well-known brand that is successful in the market.
All agreements are registered with Rospatent, otherwise they will be considered invalid.
The transfer of exclusive rights can also be carried out under a pledge agreement. It can only be issued by a legal entity that is the copyright holder of the trademark. After concluding a pledge agreement, the copyright holder of the mark retains the right to use it in full, while the pledge holder does not have this right.
The pledge agreement must indicate the value of the trademark, indicate, if necessary, restrictions on its use by the copyright holder by agreement of both parties, deadlines for fulfilling obligations, as well as the conditions under which exclusive rights to the trademark can pass to the pledgee and other conditions.
As a rule, exclusive rights are transferred to the pledgee in the event that the copyright holder of the mark has not fulfilled his financial or other obligations specified in the agreement.
After signing the pledge agreement, it, like other types of agreements, is submitted for registration to Rospatent with an application for registration and a payment document confirming payment of the fee.
Notification from Rospatent about registration of the agreement usually arrives to both parties after 2 - 3 months.
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It is important to note that the conclusion of a pledge agreement for a trademark, taking into account the interests of both parties and the correct execution of a set of documents in accordance with the requirements of the Civil Code of the Russian Federation for registration of the agreement with Rospatent requires experience and professional knowledge in this field. In this regard, it is important to attract highly qualified specialists who can provide the necessary assistance.
