Step 1: Review Documentation
Before initiating the trademark transfer, verify that all documentation related to the trademark is in order. This includes the trademark registration certificate, the current holder’s powers of attorney, and any other legal documents related to the ownership of the trademark.
Step 2: Draft the Transfer Agreement
The next step is to draft a trademark transfer agreement between the current holder and the new holder. This agreement should include the terms and conditions of the transfer, as well as the details of the parties involved. It is advisable to seek the assistance of an intellectual property lawyer to properly draft the agreement.
Step 3: Submit the Application to INDECOPI
Once the transfer agreement is ready, you must submit a trademark transfer application to INDECOPI. This can be done through their online platform or in person at the relevant office. Ensure that you include all required documentation, such as the transfer agreement and the corresponding notarized powers of attorney.
Step 4: Payment of Fees
When submitting the transfer application, you must pay the fees established by INDECOPI. These fees vary depending on the type of trademark and the mode of transfer. Check the current fees on INDECOPI’s website to know the exact amount to be paid.
Step 5: Evaluation and Resolution
INDECOPI will evaluate the transfer application and verify that it meets the legal requirements. If additional information is needed, clarifications or additional documents may be requested. Once the evaluation is complete, INDECOPI will issue the corresponding resolution regarding the trademark transfer.
Step 6: Update the Registry
Upon receiving a favorable resolution from INDECOPI, this act is directly recorded in the trademark file, where the name of the new holder will be entered.
At Trademark, we understand that transferring a trademark can be a complex process that requires careful attention to detail to ensure all legal steps are properly followed. Our team of attorneys specializing in intellectual property is here to assist you at every stage, from preparing the necessary documentation to the final registration of the transfer. With over 15 years of experience in the field, Trademark is committed to providing personalized and efficient service, ensuring your trademark is protected and the transfer is conducted safely and in compliance with current regulations. Do not hesitate to contact us for a professional consultation and to ensure the success of your trademark transfer.