Transferring an EU trademark (EUTM) from one company to another is an important legal step that ensures your brand remains properly protected under the correct ownership. Whether you are selling a business, restructuring a corporate group, or relocating intellectual property to a new entity, understanding how the process works will save you time, stress, and potential legal issues.
At EESTI Consulting, we assist companies throughout the entire EU trademark lifecycle—from registration to transfer—and we also help SMEs apply for funding through the SME Fund 2025, which offers substantial financial support for trademark registrations.
What is an EU Trademark?
An EU Trademark grants exclusive rights across all EU member states, protecting your brand identity for the goods and services you register. This makes it one of the most valuable assets a company can own. Since it is transferable, it can be reassigned to another company as part of strategic decisions or business changes.
Why Transfer an EU Trademark?
Companies often transfer EU trademarks for various reasons. Some do so when selling their business to a new owner, ensuring the buyer receives full rights to use the brand 💼. Others transfer trademarks during mergers or internal restructuring to align intellectual property with the correct legal entity 🔄. Ownership changes between related companies—such as parent to subsidiary—may also require a formal transfer 🏢. In addition, some businesses transfer trademarks for legal, strategic, or tax optimization reasons 📊.
Steps to Transfer an EU Trademark
1. Verifying Ownership
Before beginning the process, you need to confirm that the trademark is active, fully owned by the transferring company, and free of disputes or conflicting claims. Access to the EUIPO account where the trademark is registered is essential.
2. Preparing the Transfer Agreement
Next, a Trademark Transfer Agreement (Assignment Agreement) must be prepared. This legally binding document includes all details of the trademark, the date of transfer, the parties involved, and their signatures ✍️. At EESti Consulting, we recommend having this agreement reviewed by a legal professional to ensure everything complies with EU regulations.
3. Submitting the Request to EUIPO
Once the transfer agreement is signed, the transfer request must be submitted through the EUIPO online portal 🌐. During this step, you will upload the agreement and pay the official transfer fee. The fee amount depends on the number of classes your trademark covers.
4. Providing Proof of Transfer
EUIPO requires clear proof that both parties consent to the transfer📄. Usually, the signed transfer agreement is sufficient, but in special situations, EUIPO may request additional documentation such as notarized signatures or company authorizations.
5. Waiting for Approval
After submission, EUIPO reviews the request. The approval process typically takes one to two weeks ⏳. Once approved, the ownership change appears in the official EU trademark register, and a formal confirmation is sent to you. The transfer will also be published in the EUIPO Trade Mark Bulletin.
6. Updating Related Records
When the transfer becomes official, related documents and systems—such as licensing contracts, domain ownership, packaging, marketing materials, and customs registrations—should be updated to reflect the new trademark owner 🔄.
7. Informing Stakeholders
It’s important to communicate the change to business partners, customers, distributors, and any licensees to avoid confusion and ensure smooth operations 🗣️.
Important Considerations
Several key points should be kept in mind. There are official EUIPO fees for trademark transfers, which vary based on the number of classes. The rights, obligations, and potential liabilities associated with the trademark automatically transfer to the new owner. Partial transfers are possible when only specific goods or services are being reassigned. And if the trademark is also registered outside the EU, separate transfers must be carried out in those jurisdictions.
How EESTI Consulting Can Support You
At EESti Consulting, we provide full assistance with both trademark transfers and new trademark registrations. For businesses seeking financial support, we help clients benefit from the SME Fund 2025, which provides reimbursement for trademark application fees—an excellent opportunity for small and medium-sized enterprises looking to secure their intellectual property at a reduced cost.
Whether you are transferring ownership, expanding your IP portfolio, or registering a new trademark under EUIPO, our team ensures a smooth, compliant, and stress-free process.
Conclusion
Transferring an EU trademark is a crucial process during business changes. By understanding each step and ensuring proper documentation, companies can protect their brand assets effectively. With the guidance of EESti Consulting, you can confidently manage trademark transfers and take advantage of funding opportunities such as the SME Fund 2025.
If you need support with trademark transfer or EU trademark registration, we are here to help every step of the way.