For the registration of a license , according to Law 35 and Executive Order 7, an application to the DIGERPI be raised by a lawyer, in which the general data of the parties , the name is expressed and / or description of the mark , an indication of the number and date of registration , specifications of the products or services in relation to which it was agreed the authorized brand and the term of the license of use; and the application is accompanied by the power of attorney and a certified copy of the contract or minutes of the license to use the brand.
One of the most important effects of the registration of the license with the DIGERPI , against third parties, is that the use of a trademark by the licensee shall be assimilated to the holder, for all purposes in which the use is relevant under Law 35 , since the use by a third party authorized by the registered holder will be sufficient to preserve the rights of the trademark; ie that the licensee will have the right to bring legal action for the protection of trademark rights , as if he were the owner , unless otherwise stipulated itself.
As for the grant of a sublicense express authorization is required by the holder ; this means that the licensee may not grant a sub-license to a third party without the licensor has authorized in the contract. Contracts sublicense may be subject to the terms and conditions specified in the license agreement to be binding on third parties, and also must be registered in the DIGERPI.
The cancellation of the registration of a license shall proceed in the following cases :
– When requested , together, the trademark holder and the licensee .
– When a party so requests , in accordance with the terms of the license agreement .
– For annulment , revocation or cancellation of registration of the mark , and
– By court order .
ASSIGNMENT OR TRANSFER OF RIGHTS
The assignment of the mark is when the owner conveys to a third party the right of ownership of the mark or the application for registration , and can be transmitted by sale, transfer , merger of two companies , in case of death of the holder and the inherit their heirs.
Types of assignments :
- Voluntary assignment
- Forced assignment
- Inter vivos assignment
- Mortis causa assignment
- Free assignment
- Assignment linked with the company
- full Assignment
- Partial assignment
- exclusive assignment
- non-exclusive assignment
Our legislation stipulates that any merger should enroll , change of name or trademark owner of the home, to take effect against third parties. The importance of these changes sign is for the new owner to exercise its trademark rights as well as exercise permitted to protect it and until the transfer is not registered legal action is not binding on third parties .