Transfer of a trademark (assignment)

Illustrative example; names are placeholders and the facts are invented. A founder filed MARK A in their own name before setting up Company A AG, and the company has used it since with the founder's consent (MSchG Art. 11(3)). A buyer now agrees to acquire the company. The mark is the founder's, not part of the company's business, so the sale does not carry it: the founder signs a written transfer to the company (MSchG Art. 17(2)), and the company asks the IPI to record it. Until it is entered, claims under the Act can still be brought against the founder as the previous holder (MSchG Art. 17(3)).

In whole or in part. The holder can transfer a trademark for all or some of the goods and services it claims. (MSchG Art. 17(1))

In writing, then in the register. A transfer is valid only in writing, and against third parties acting in good faith it takes effect once it is entered in the register; until then, claims can still be brought against the previous holder. (MSchG Art. 17(2)-(3))

With the business. When a business is transferred, its marks go with it unless agreed otherwise. (MSchG Art. 17(4))

Recording it. The IPI records a transfer on request, online through Swissreg or by form; a request to transfer a mark must be signed. A change of the holder's own name is not a transfer: it is reported so that Swissreg shows current data, free of charge. (IPI, Updating your register entry)