Trademarks, IP and domain transfer from an administrator
The transfer mechanics UK administrators expect you to know — IPO forms, ICANN 60-day locks, Nominet auth codes, and the credential-escrow discipline that keeps a brand alive through completion.
£50/class assignment. Files within 14–28 days. Check renewal dates first.
ICANN prevents registrar transfer for 60 days post-change. Plan around it.
Social ownership via credential handover only. Sometimes accounts are lost.
The IP transfer checklist
- Pull IPO register — verify every UK/EU/international trademark is live and renewals paid.
- WHOIS every domain — confirm registrant, expiry, registrar.
- Access audit — list all social accounts and admin holders.
- Software vendor list — flag any licence requiring vendor consent (SAP, Oracle, Adobe).
- Contractor IP audit — verify chain of title on commissioned works.
- Draft schedule — full IP list into the SPA.
- Credentials escrow — solicitor holds until completion.
Related
Frequently asked questions
Do trademarks transfer with the assets?
Yes, if listed in the SPA schedule. UK trademarks re-register with the IPO via form TM16 (assignment). Filing fee £50 per class. Ownership passes on the deed of assignment; the IPO record updates for evidential purposes within 14–28 days.
What about EU trademarks?
Post-Brexit, EUTMs no longer cover the UK — a comparable UK trademark was created automatically on 1 Jan 2021. For live EUTMs, use EUIPO form MM7. If the target sold into the EU, check whether the EUTM is still maintained and whether renewal fees have been paid pre-appointment.
How do .uk domains transfer?
Via Nominet — the administrator instructs the registrar to change the registrant. Requires the .uk auth code and account credentials. Best practice: escrow all registrar credentials (Nominet, GoDaddy, 123-Reg, Cloudflare, Route 53) with the SPA and change passwords at completion.
What about .com and gTLDs?
ICANN accreditation requires a 60-day transfer lock after registrar changes and after registrant changes (RAA 2013). Plan around this — if you need the domain live day one, DO NOT transfer registrar until day 61. Change nameservers first, transfer registrar later.
Do social media handles transfer?
There is no legal transfer mechanism. In practice: administrator hands over login credentials and 2FA reset codes. Facebook Business Manager, Instagram, LinkedIn Company Pages, X (Twitter) — each has a proprietary 'change of ownership' process that can take 2–8 weeks. Sometimes accounts are lost entirely.
What about copyright?
UK copyright is unregistered and vests automatically. It transfers by written assignment (s.90 Copyright, Designs and Patents Act 1988). Include a broad IP assignment schedule listing all works. Beware works created by contractors — the company only owns them if the contract expressly assigned.
Patents?
Assign via IPO form 21. Fee £50 per patent. Recorded at the IPO for evidential purposes. If the patent was pending, check the applicant name and file continuation. If licensed out, the licence continues under the assignment (usually).
Software and source code?
Legally an IP assignment covers it. Practically, escrow the repositories (GitHub, GitLab, Bitbucket) with the SPA and get the administrator to force a org transfer. Verify commit history is complete. Third-party dependencies (npm, PyPI) transfer automatically.
What about customer databases and PII?
The database is IP, but the personal data attracts GDPR obligations. The buyer must have a lawful basis (usually legitimate interest for B2B, consent for B2C direct marketing) and inform data subjects within 30 days under Article 14 of the UK GDPR. Update the privacy policy at completion.
Any red flags in an IP audit?
Look for: trademarks with unpaid renewals, .com domains with 5-day WHOIS grace period expiry, GitHub orgs with expired billing, software licences requiring vendor consent to transfer (Adobe, Microsoft, Salesforce), and pending oppositions/cancellations at the IPO.