Keep your friends close – how to stay partners in co-ownership
While co-owned patents are not uncommon, it is unusual to find trademarks being jointly registered by more than one user. Are businesses missing a trick and how can co-owners ensure that they remain on good terms?
While joint ownership of Community trademarks is permitted, unfortunately for brand owners, there is no harmonised or unified European law regarding co-ownership. Instead, the national law of the first recorded owner applies. Paragraph 16 of EU Regulation 40/94 notes that where this is not European, the law of the second or subsequent owner(s) will apply – if none of these are European, then Spanish law will apply.
Want to read more?
Register to access two of our subscriber only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.