Licensing of Trade Marks

We have expertise in all aspects of trade mark licensing and can prepare a licence agreement tailored to the specific needs of the licensor and/or the licensee. We can also record the licence on the Trade Marks Register and deal with any subsequent changes in the terms of the licence.

It is possible to license the use of a trade mark to third parties and such licences can provide valuable revenue for a trade mark owner by way of royalties. Care should be taken when drawing up a licence agreement to ensure that the owner’s rights are protected and that the licensee may not use the trade mark in a manner that could compromise the validity of the trade mark registration.

It is important to remember that only recorded licensees are entitled to initiate proceedings for infringement of the licensed trade mark or to require the registered proprietor to do so. Also, in an action for infringement, any damages suffered by a licensee as a consequence of the infringement will be taken into account only if the licence has been recorded. We therefore recommend that licences be recorded on the Register of Trade Marks, and can do this for you.