CONTRACT FOR THE TRANSFER OF TRADEMARKS AND DESIGNS FREE OF CHARGE: PRIVATE AGREEMENT OR AUTHENTICATED DEED ?

In a decision rendered on February 8, 2022, the Paris Court of Justice ruled that a contract for the transfer of a trademark and designs free of charge was a donation.

In accordance with the provisions of article 931 of the Civil Code, said deed, which did not fall within the exceptions allowed under case law (manual donation, disguised or indirect donation), had to be executed before a notary (authenticated deed).

In this case, the deed having been concluded by the parties as a private agreement (without notarization), it was null and void.

 

For more information:

TJ Paris 8 février 2022

3ème chambre, 3ème section

RG 19/14142