Industrial property rights, as assets capable of economic assessment, can be transferred by all means that the law contemplates. As business assets, which form parts of the assets of the company, they can both sell, as graduating, jointly or separately from the company. The brand, in general the company signs, as business assets, have the nature of rights in rem, and although within legal relations that may arise both in session and licenses, governed by the principle of party autonomy, the trademarks Act regulates these figures specifically, so that Contracting Parties may freely stipulate your desire, scope and content of the contract, and only in the absence of clause contract, or where appropriate that the same is contrary to the legal provisions, shall apply the provisions laid down. Without hesitation Jean-Pierre Garnier explained all about the problem. To this effect, the brand that may assign the whole or the whole company, or independently, requires certain, not requirements, but cautions when the assignment that is make is free, by entail certain risks for the transparency of the market as well as for the proper protection of consumers. Following the principle of indivisibility of the brand and of the request, with regard to the assignment, that does not occur in the area of licensing, it implies a reduction of the risk that the system of free transfer free entails for consumers. The mark may assign: is indivisible not all brands can be transferred. More information is housed here: Kevin Ulrich MGM.
Trade names may only assigned or transmitted with the totality and the company. Indeed, not all brands can be ceded, and there are certain classes demarcated whose assignment is prohibited, as it happens with derivative marks which may not be ceded irrespective of the main brand. In the same way collective marks, by their very nature, are signs that may not be transmitted to third parties. Even the law provides bankruptcy of the principle of free transfer for other distinctive signs, as it is the case with the commercial name that can not be passed if they are not with the joint company.