A company that works with interior design, stores and own production
Problem: The company buys a bankruptcy estate two years ago. When we did a check of trademark rights, we discovered that the trademarks was never transferred to the correct company. In the transfer agreement, there wasn’t any specification of which trademarks that was transferable. Only a general explanation. This became a serious problem for the company and was solved first after several years.
Solution: If you are going to buy a bankruptcy company, it is very important that you check so that all the necessary rights are registered correctly and that the transfer agreement is in detail regarding both IPR-rights and for example domain names. You also have to make sure that all the agreements are controlled before any transfer takes place.
The consequence in this case could have been that the buying company didn’t get their hands on the trademark at all. If it´s not mentioned in the agreement – it´s not included.