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Transfer of Trademark Ownership in the UK via Form TM16: Legal Structuring Between Partners

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Yaremchuk Olena
Lawyer
United Kingdom / London
Yaremchuk Olena

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Publication date: 06.06.2025

Experienced Law Specialist with a demonstrated history of working in the law practice industry. Skilled in International Law and Joint Ventures. Strong legal professional with a Bachelor of Laws focused in Jurisprudence from Yaroslav Mudriy National Law Academy of Ukraine. Specializations: Copyright Law • Entertainment Law • Intellectual Property Law • Legal Consulting • Startup Law • Business Law • Trademark Law

Transfer of Trademark Ownership in the UK via Form TM16: Legal Structuring Between Partners

In the dynamic environment of small business, intellectual property rights often shift between partners. However, without formal re-registration in the official register, such transfers lack legal force. In the UK, one of the main methods for documenting a trademark ownership change is Form TM16. In this case, IP lawyer Olena Yaremchuk provided full legal support for the transfer of rights between two partners, helping avoid errors in form completion and ensuring timely updates in the UK IPO register.

Context of the Situation
Two entrepreneurs were jointly developing an e-commerce platform. The platform's trademark was registered under one of them. Later, one partner decided to exit the business. The remaining partner was to become the sole owner of the brand. However, to officially transfer the rights, changes had to be made in the UK Intellectual Property Office register. The clients turned to an IP lawyer for assistance in avoiding legal risks and inaccuracies in the formal transfer process.

Legal Support Stages

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1. Situation Analysis and Documentation Preparation

  • Analysis of the registered trademark in the UK IPO register: status, date, owner, classes
  • Legal drafting of the ownership transfer agreement between parties in English
  • Explaining the legal consequences of the agreement and post-transfer restrictions
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2. Completion and Submission of Paper Form TM16

  1. Technical completion of each section of Form TM16: previous and new owner, addresses, registration number
  2. Preparation of a cover letter explaining the nature of the transfer and attaching the agreement
  3. Submission of documents to the UK IPO in paper form, as required by procedure
  4. Monitoring receipt and recording of changes in the register
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3. Confirmation of Transfer and Follow-Up Actions

  • Receipt of confirmation from UK IPO regarding data update in the register
  • Registration of the new owner in banking, commercial, and licensing contracts
  • Providing the client with a template for possible future transfers or licensing

Additional Legal Actions

  • Advice on avoiding conflicts over usage rights before completion of transfer
  • Recommendations on protecting rights for the new owner: monitoring infringements, warning competitors
  • Consultation on parallel registration in WIPO or the EU

Advantages of Professional Support

  1. Guarantee of accurate completion of Form TM16 according to UK IPO standards
  2. Legally valid drafting of the accompanying agreement
  3. Timely submission of documents without delays or rejections

Result

  • Trademark rights officially and smoothly transferred
  • New owner confirmed in the UK IPO public register
  • No queries or corrections requested by the authority

Proof of completion of Form TM16

 

Frequently Asked Questions

Question

Why are some ownership transfers not possible online?

Answer

Online submission is available only for simple cases. If the owner is an individual or the agreement is complex, UK IPO requires paper Form TM16 with supporting documents.

Question

Can Form TM16 be submitted without a lawyer?

Answer

Yes, but many refusals occur due to inaccuracies in wording, incorrect class indications, or errors in ownership data — especially with international parties involved.

Question

How long does the re-registration process take?

Answer

Typically — 2–3 weeks from the moment the UK IPO receives the paper documents.

Conclusion

Even with full agreement between parties, a trademark ownership transfer must be properly documented. Form TM16 in the UK is not merely a formality, but a legally significant step requiring precision. Legal support from Olena Yaremchuk ensured the process was completed swiftly, accurately, and without additional time or revision costs. This case illustrates that legal accuracy is the cornerstone of safe IP management.

 

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