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Contract of alienation

Alienation of rights to a trademark is a legal method of disposing of someone's exclusive right to an individualization means.
This kind of transaction differs from a license contract in that the right holder transfers the whole set of his/her exclusive rights in full and irrevocably. It means that the former owner loses the possibility of delimiting or interfering with use of the trademark by the beneficiary.
This transfer of the right is surely effected for a certain compensation to be agreed upon by the parties.
Alienation of right is subject to the mandatory state registration according to the procedure provided for in the legislation; otherwise, it will be null and void from the legal point of view.
In spite of the fact that such transaction is transparent and apparently simple, the parties very frequently experience some difficulties and misunderstanding in agreeing upon and fulfilling its provisions, which may eventually lead to judicial proceedings.

obligatory contractual provisions:

  • direct indication of the trademark and the certificate number;
  • a list of goods and services categories and International Classes in respect of which the trademark is alienated;
  • amount and payment procedure of compensation;
  • indication of encumbrances (e.g., licenses in force, as granted by the right holder to third parties).

the following is required for effecting the state registration:

  • a duly executed request to Rospatent;
  • a contract of alienation of rights;
  • a document attesting payment of the state fee (in a case several trademarks are transferred in the framework of one transaction, the state fee should be paid for each individual trademark).

Skilled specialists of our Bureau are ready to consult you on any questions of interest and provide you with legal support at any stage of conclusion and registration of a contract of alienation of exclusive rights.