Trademark Assignment & Transfer in Germany

Change of Ownership, Done Properly

Selling a business, restructuring, or transferring a brand to a related entity all require the trademark ownership record with the DPMA to be updated. Our team at Brealant prepares the assignment documentation and handles the recordal.

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Essential Guide to Trademarks in Germany

Protecting Your Ownership with Brealant's Expertise

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Legal Definition of Trademark Assignment
Assignment (Übertragung), under Section 27 of the Markengesetz, is the legal transfer of ownership of a trademark from one party to another, with or without the underlying business.
Purpose and Function of Assignment
It allows businesses to buy, sell, restructure, or license brands, with the DPMAregister updated so the new owner is publicly recognised.
Protecting the Transaction
Properly documenting and recording the assignment protects both parties, making the ownership change enforceable against third parties who deal with the DPMA in good faith.

A Hassle-Free Registration Journey with Brealant

Contact
Tell Brealant about the trademark(s), the parties, and the nature of the transfer.
Search
We confirm the current registration details and ownership status on the DPMAregister.
Quote
Receive a fixed-fee quote based on the number of marks involved.
Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the assignment documentation and files the recordal request with the DPMA.
Wait
The DPMA processes the recordal and updates the register.
Response
You receive confirmation once the new ownership is reflected on the register.

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Clear, Simple Steps to Record Your Assignment

In Germany, an assignment is only as strong as its documentation and recordal. Clear written evidence of the transfer, followed by a recordal request to the DPMA, is the clearest way to make sure the change of ownership is properly reflected and enforceable against third parties.

Safeguarding Your Ownership in Germany — With Brealant by Your Side

An unrecorded assignment can create confusion about who actually owns the mark, complicate future enforcement or licensing, and weaken your position if there's ever a dispute about ownership. Brealant keeps the public register accurate and your rights enforceable.

Limitations

What Assignment Recordal Does Not Do

Recordal is important, but it has limits

Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Mark
Assignment and renewal are separate processes — a transferred mark still needs to be renewed on schedule.
Doesn't Change the Mark
You can't use an assignment to alter the mark itself or its goods/services.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.

Brealant flags any of these issues during the assignment process so nothing is missed.

What a Trademark Assignment Protects

A properly recorded assignment protects

The New Owner's Rights
Clear, documented legal ownership recognised on the DPMAregister.
Enforcement Ability
The new owner's standing to take infringement or opposition action based on the mark.
Deal Certainty
The commercial transaction — sale, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the mark as security without ownership disputes.

Brealant makes sure every assignment is properly documented so these protections are secured.

Timeline for Trademark Assignment in Germany

The assignment process typically follows these stages

Instruction
You confirm the marks, parties, and transaction details with Brealant.
Drafting
We prepare or review the assignment documentation.
Execution
The assignor and assignee sign the documentation.
Recordal
We file the recordal request, and the DPMA updates the register.

Once signed documentation is filed, the DPMA typically records the change of ownership within a few weeks.

Understanding Assignment Costs in Germany — Simplified with Brealant

Assignment costs are modest relative to the transaction they support

Official Filing Fees
The DPMA charges a modest official fee per mark to record an assignment.
Professional fees
Brealant's professional fee covers preparing the documentation and managing the recordal, quoted as a fixed amount based on the number of marks.

These costs are a small part of protecting the value of the brand asset being transferred.

Brealant support specialist providing continued trademark support

Continued Support After Your Assignment in Germany — Supported by Brealant

Once the assignment is recorded, Brealant can take over ongoing renewal tracking, monitoring, and enforcement for the new owner, so the transition is seamless from a brand-protection standpoint.

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Frequently Asked Questions

Is recording an assignment with the DPMA mandatory?

It isn't strictly mandatory for the transfer to be valid between the parties, but recording it protects the new owner's rights against third parties and keeps the public register accurate.

Can part of a trademark portfolio be assigned separately?

Yes, individual marks or a subset of a portfolio can be assigned while retaining others.

Does an assignment need to be in writing?

While German law has limited formal requirements for the underlying transfer, the DPMA requires documentary evidence of the transfer to record the change of ownership.

Can Brealant assist with cross-border assignments involving Germany?

Yes, we regularly coordinate German recordals alongside assignments in other jurisdictions where a brand is also protected.

What documents are needed to record an assignment?

Typically written evidence of the transfer, details of both parties, and the registration numbers of the marks involved.

What are the DPMA's official fees for recording an assignment?

The DPMA charges a modest official fee per mark to record a change of owner, separate from any professional fees for preparing and filing the recordal.

How long does the DPMA take to record an assignment?

Processing typically takes a few weeks to a couple of months from submission, depending on the DPMA's current workload and whether the supporting documents are complete.

Can a trademark be assigned as part of a company merger without a standalone assignment deed?

Yes, ownership can transfer automatically by operation of law in a merger or universal succession, though the DPMA still needs supporting documentary evidence, such as the merger deed or commercial register extract, to update the register.

What's the difference between assigning a trademark and licensing it?

An assignment transfers ownership of the mark entirely, while a licence lets the owner keep ownership and grant another party the right to use the mark under agreed terms.

Can a security interest, like a pledge, be recorded against a German trademark?

Yes, the DPMA register allows recordal of rights in rem such as a pledge or seizure, which puts third parties on notice of the encumbrance.