When a group company files instead of the owner: what to do first
A group company sometimes files the trade mark application in its own name, not the name of the entity that owns the brand. The applicant of record becomes the legal proprietor, regardless of internal group intent. Fixing this means moving ownership formally, before deadlines close and before third parties rely on the register.
The legal basis
Registration under Regulation (EU) 2017/1001 (EUTMR) grants trade mark rights to the applicant recorded on the register, not to whichever group entity uses the mark commercially. Ownership follows the filing, not the business plan. Regulation (EU) No 608/2013 adds a separate constraint: customs enforcement action can only be requested by the recorded right holder or a person it has authorised. A group company filing in its own name becomes that right holder for both registration and enforcement purposes.
What changes for you
Two things change once the applicant is not the intended owner. First, licences, security interests and enforcement mandates the intended owner grants become invalid until ownership is corrected on the register. Second, any renewal, opposition or cancellation deadline attached to the application runs against the recorded applicant, not against the business that believes it owns the brand.
If the deadline is missed because internal group communication failed, the record does not care which company intended to act. Evidencing who currently holds the mark follows the same logic applied elsewhere to evidencing reserves: When reserves must be evidenced in detail sets out the parallel requirement for documentary proof.
What to do now
- Locate the filing record. Ask the filing agent or IP counsel to confirm the exact applicant name and the application or registration number.
- Trace the mandate. If an external provider filed on the group's instruction, verify who authorised the filing and whether that provider subcontracted the task abroad; When the outsourcing provider subcontracts abroad: what it costs maps where that chain typically breaks.
- Prepare the assignment or licence back. The intended owner and the recorded applicant sign a deed transferring the mark, or, if timing does not allow a full transfer, a written licence bridging the gap.
- File the change of ownership with the relevant office. The recordal must reach the register before any deadline tied to the application expires.
- Check any customs watch application. Under Regulation (EU) No 608/2013, the applicant for action must match the recorded right holder, or the request fails.
- Set an internal rule for future filings. Assign one entity as the standing applicant for all group filings, in writing.
| Step | Who acts | Time sensitivity |
|---|---|---|
| Confirm applicant name | IP counsel or filing agent | Immediate |
| Trace the filing mandate | Group legal or compliance | Before any deadline closes |
| Sign assignment or licence back | Intended owner and recorded applicant | Before renewal or opposition deadline |
| File the recordal | National or EU IP office | Before the deadline expires |
| Update the customs watch | Recorded right holder | Before an enforcement request is filed |
Who decides, and on what evidence
The national or EU intellectual property office decides on the recordal of an assignment, based on the signed deed and the register entry it already holds. Customs authorities decide on an enforcement request under Regulation (EU) No 608/2013, based on whether the applicant for action matches the recorded right holder. Neither office investigates internal group intent. Both look at the paper trail: who signed, what was filed, and when.
If your situation differs
If the application is still pending, correcting the applicant is usually a straightforward request to the examining office, before publication closes the window for easy amendment.
If the mark is already registered and licensed within the group, treat the licence as provisional until the register matches the licensor named in it.
If a dispute over ownership crosses borders and a foreign court rules before your domestic proceeding concludes, do not assume the ruling settles ownership everywhere: When a court in another country decides first and outlines the separate risk that creates.
What this page does not solve
This page does not resolve a dispute between group entities about which one should have filed; that is a contractual and, at times, a corporate governance question. It does not calculate the cost of correcting multiple national registrations across a portfolio. It does not replace an audit of every filing the group has made in the past.
Verified
Checked against Regulation (EU) 2017/1001 (EUTMR) and Regulation (EU) No 608/2013. Where a client also needs to establish exactly what a given filing record shows for a specific asset, that verification sits in the product layer rather than in this note: Asset in Norway explained describes what such a report can establish. Reviewed: 3 June 2025.
Related situations
A related problem arises when ownership is disputed before any filing occurred: When an earlier unregistered sign appears in detail covers that separate route.
What determines cost and timing
Cost depends on how many registers already list the mark, how many jurisdictions are affected, and whether the wrong-applicant issue is contested by another group entity or by a third party. A running deadline adds urgency; a live dispute adds scope.
A partner responds during business hours within minutes of the enquiry. A price for the specific correction follows within one working day.
FAQ
What is the first step when a group company files instead of the owner?
Confirm the exact applicant name on the filing record before doing anything else. Every later step depends on that fact.
Which deadline is already running?
Whatever deadline is attached to the application — renewal, opposition, or a customs watch update — runs against the recorded applicant, not against the intended owner.
Who decides, and on what evidence?
The relevant IP office decides on the recordal, based on the signed assignment deed and the existing register entry. Customs authorities decide separately, based on whether the applicant for action matches that same record.