Company names change, individuals marry, corporate structures are reorganised. Whenever the holder or applicant of an IP right is affected, the relevant register should be updated promptly. This article summarises what to bear in mind when recording a name change before the EUIPO, the European Patent Office (EPO) and the German Patent and Trade Mark Office (DPMA).
1. The decisive preliminary question: name change or transfer of rights?
Every request begins with the correct legal characterisation of the event. It governs the procedure, the evidence required and the costs:
- Pure name change: The identity of the legal entity is preserved – only its designation changes. Typical cases are the renaming of a company, the change of name of a natural person (for instance through marriage) or, depending on the applicable national law, a mere change of legal form without loss of identity.
- Transfer of rights (recordal of a change of ownership): The holder changes; the right passes to a different legal entity. This includes sales, asset deals and, as a rule, mergers in which the transferring entity loses its identity.
Whether an event qualifies as a name change or as a transfer of rights depends on the applicable national law – the decisive factor is whether the identity of the legal entity continues to exist. A wrong characterisation regularly leads to objections and delays. In case of doubt, careful review against the register documents (e.g. the commercial register) is advisable, because transfers are subject to different and usually stricter requirements.
This article focuses on the pure name change; the differing requirements for a transfer of rights are mentioned in each case for the purpose of distinction.
2. EUIPO – EU trade marks and EU designs
Formal requirements. As long as the identity of the holder or applicant remains unaffected, the name and address can be changed freely. The easiest way is to make the change online via the User Area of one’s account or via the corresponding online form for other recordals. The request must be filed in one of the EUIPO’s five languages; where the official form is used, completing the text fields in one of those languages is sufficient.
Evidence. For a pure name or address change, the EUIPO generally does not require any supporting documents. Notifying the new name is usually enough. Only in cases of doubt (for instance as to legal form) may the Office request evidence.
A practical advantage – the ID number. If the holder states the identification number assigned by the EUIPO, the change is carried out automatically for all IP rights held under that ID. A list of all affected trade marks and designs is then not required.
Official fees. A pure name and address change is free of charge. By contrast, a full transfer of rights is the exception for which a fee is charged (whereas a partial transfer is free of charge).
Distinction from a transfer. If the identity of the legal entity changes – for example in a merger – the appropriate request is not for a name change but for the recordal of a transfer.
3. EPO – European patent applications and patents
Entries in the European Patent Register are governed generally by Rule 143 EPC. As regards names, three scenarios must be distinguished:
a) Pure name change (identity preserved). This is recorded in the register upon request. The EPO requires suitable evidence for this purpose, for example an extract from the commercial register; where appropriate, it will request a translation into one of its official languages (cf. Guidelines for Examination, Part E, Chapter XII). No official fee is payable for a pure name change.
b) Correction of an incorrect applicant name. Where the incorrect designation is based on an error (e.g. a typing error or the inadvertent naming of a subsidiary), a correction under Rule 139 EPC may be available. It takes effect retroactively but is subject to a higher evidentiary burden and must be requested without undue delay after the error is discovered.
c) Transfer of rights. A genuine change of ownership is recorded under Rule 22 EPC. Evidence in the form of an assignment satisfying the requirements of Article 72 EPC (written form, signatures of both parties) is required. The transfer takes effect vis-à-vis the EPO only once the documents have been produced.
Form of filing. Requests may be filed in writing via MyEPO or using EPO Form 5050 and must be signed by an entitled person.
Official fees – a current point to note. For a transfer under Rule 22 EPC an administrative fee (most recently EUR 120) was previously payable. Since 1 April 2024, however, this fee has been waived for recordal requests filed via the MyEPO system. A pure name change was, and remains, free of charge.
Competence after grant. For granted European patents, the EPO is competent to make entries only during the nine-month opposition period or while opposition proceedings are pending (Rule 85 in conjunction with Rule 22 EPC). Thereafter, changes must be requested in the national registers of the validated states. For a European patent with unitary effect (Unitary Patent), the entry is made in the Register for Unitary Patent Protection, to which Rule 22 EPC applies mutatis mutandis.
Strategic note. A recordal made before grant takes effect centrally for all designated states. If it is made only afterwards, the national registers must be updated individually – with corresponding additional effort and cost. It is therefore sensible to deal with pending changes at the latest in connection with the communication under Rule 71(3) EPC.
4. DPMA – German trade marks, patents, utility models and designs
Formal requirements. The DPMA provides forms for recording a name or address change – in the trade mark area, for example, form W 7614 (change of name, company name, legal form or address; W 7616 for a transfer of rights); for the other IP rights, the recordal form A 9139 together with the associated forms. An informal request is also possible.
Requests are legally effective only if filed by post, fax, via DPMAdirektWeb or – where a qualified electronic signature is available – via DPMAdirektPro. A mere e-mail is not legally effective and is not forwarded to the file by the Office.
Evidence. For a pure name and address change, the DPMA normally requires no evidence; notifying the new name is sufficient. Where there are justified doubts (for instance, details deviating from the register), the Office may request further evidence.
Official fees. The recordal procedure before the DPMA – and thus the pure name and address change – is free of charge. (Fee figures circulating online for a “change of the holder’s name” do not relate to the cost-free register correction and should be treated with caution.)
Distinction from a transfer. In the case of a change of ownership, the request may be filed by the registered holder or by the legal successor. If it is filed by the legal successor alone, the registered holder is heard and asked to consent before the recordal is made (right to be heard, Section 28(4) DPMAV) – which noticeably delays the procedure.
Interface with the EPO. For European patents having effect in Germany, a change made before the EPO is transferred automatically to the DPMA only if it was made before grant. Otherwise the change must additionally be requested before the DPMA – on production of the EPO’s confirmation of the change (Form 2544).
5. Timing of the register correction
The offices do not publish binding, officially guaranteed processing times; the following figures are based on practice and may vary depending on workload:
- EUIPO: Name and address changes requested online are processed quickly, often within a few days to a few weeks.
- EPO: In practice it takes roughly two to four weeks until receipt is confirmed or any communication noting a deficiency is issued. A communication generally has to be answered within two months (extendable once by two months).
- DPMA: Pure name and address changes are usually carried out within a few weeks. Where a transfer involves hearing the registered holder, the procedure takes correspondingly longer.
6. At a glance
| Criterion | EUIPO | EPO | DPMA |
|---|---|---|---|
| Legal basis for name change | EUTMR/EUTMIR (identity unchanged) | Rule 143 EPC; correction: Rule 139 EPC | Recordal Guidelines, Sec. 28 DPMAV |
| Fee for pure name change | free | free | free |
| Evidence for name change | generally none | evidence required (e.g. register extract) | generally none |
| Filing | User Area / online form | MyEPO / Form 5050 | DPMAdirekt, post, fax (not e-mail) |
| Fee for transfer of rights | chargeable (exception) | EUR 0 via MyEPO (since 1 Apr 2024; otherwise EUR 120) | free |
| Typical duration | a few days to weeks | approx. 2–4 weeks | a few weeks |
7. Practical points to bear in mind
- Characterise first. Before filing, clarify whether the event is a pure name change or a transfer of rights. Mischaracterisation is the most frequent cause of objections.
- An up-to-date register protects your rights. Only the registered holder can reliably enforce rights from the IP right. Outdated register data can impair standing to sue, the claiming of priority and – through the chain of title – later transfers.
- Keep deadlines safe. Official communications go to the registered holder or representative. Outdated address data carries the risk of missed deadlines.
- Bundle the portfolio. In the case of renamings or transactions, all affected IP rights should be changed together. At the EUIPO, stating the ID number makes portfolio-wide implementation easier.
- Update the European patent before grant where possible. This way the recordal takes effect centrally; after grant the national registers must be maintained individually.
- Secure evidence early. In transfers in particular, supporting documents become harder to obtain over time – for instance where the entities involved have been dissolved or restructured.
- Language and translations. EUIPO: five official languages; EPO: German, English, French. Foreign-language evidence may need to be translated.
- Misleading payment requests. All three offices warn against official-looking invoices from private providers. Official fees are payable only to the office concerned.
Photo: © Björn Láczay, [CC BY 2.0]
