Mutations

A design will be registered in the name of a natural person or an artificial person at all times. Should this (artificial) person change name, entity or address, the alteration must be entered in the register. Entering changes (recordals) in the register is necessary to be able to invoke your rights. The register should easily inform third parties that you are indeed the owner of the claimed design right.

 

Examples of changes are the following:

 

  • Change of address
  • Assignment (transfer of rights)

  • Change of name

Change of address

A change of address means that a person or an artificial person has moved house without the other details changing. The (artificial) person continues to use the same name and the same legal form. In most registers (such as the Benelux register and the European register) we are able to enter a change of address directly in the design register. In some countries outside the Benelux supporting documents will be required. 

 

Assignment

An assignment means that a person or an artificial person has transferred the rights to another entity. So for instance this could be a transfer from A1 B.V. to B2 B.V. An assignment also means A1 B.V. transferring to A1 N.V, because this concerns a different legal entity.

 

To enter an assignment in the register a deed will usually be required. The assignment deed must be signed by both the transferring and the receiving party. For some countries an assignment deed must also be legalised, meaning that a civil-law notary should declare that the signatories are indeed who they claim to be.

 

Change of name

A change of name means that an artificial person has changed his name without any further alterations to the artificial person. Provided the same Chamber of Commerce registration number is maintained, the change is considered a change of name. Example: changing A1 B.V. into C4. B.V.

 

In case of a change of name a piece of evidence, such as an official extract from the Chamber of Commerce, should suffice.

 

Entering changes

Entering changes involves costs. The official authorities managing the registers will be charging costs for recording changes. On request our lawyers will arrange matters for you.