Article 21
Transfer of a trade mark
registered in the name of an agent
- Where an EU trade mark is registered in the name of the agent or representative of a
person who is the proprietor of that trade mark, without the proprietor's authorisation, the
latter shall be entitled to demand the assignment of the EU trade mark in his favour, unless
such agent or representative justifies his action.
- The proprietor may submit a request for assignment pursuant to paragraph 1 of this
Article to the following:
- (a) the Office, pursuant to Article 60(1)(b), instead of an application for a declaration of
invalidity;
- (b) a European Union trade mark court ('EU trade mark court') as referred to in
Article 123, instead of a counterclaim for a declaration of invalidity based on
Article 128(1).