A registered trademark is transmissible by assignment, testamentary
disposition or by operation of law in the same way as other personal
or moveable property. A trademark registered or in application stage
may be assigned both independently and as part of the transferred
goodwill of a business. An assignment may be partial and limited so
as to apply only to some but not all of the goods or services for
which the trademark is registered; or to the use of the trademark in
a particular manner or a particular locality.
Documents Required
a Deed of Assignment with the signatures thereon attested by
a notary or legalised by a diplomatic or consular representative of
Malta or with the Apostille according to the Hague Convention; and
a Form of Authorisation and Statement of Address for
Service: This must be completed and drawn in our favour by both
the assignor and the assignee, with the signatures thereon attested
by a notary; otherwise, the document may be either legalised by a
diplomatic or consular representative of Malta or with the Apostille
according to the Hague Convention.
Specific Detail Requirements
Other details which will be required to record the assignment are:
(i) the Trademark Registration Numbers of the marks assigned and the
respective Classes in which such marks are registered;
(ii) the full name, address and post-code of the assignor and of the
assignee appearing on the assignment document; and
(iii) the date of the assignment, i.e. the date appearing on the
assignment document.
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