How Trade Marks Work
Licensing of Trade Marks
A registered trade mark can be licensed to a third party, granting them the right to use it in exchange for royalties.
With deals like these it’s important for the person who owns the trade mark to ensure that their rights are not being abused in such a deal.
Our team is experienced in all aspects of trade mark licensing, and can help our clients draft any kind of licensing agreement that is designed to meet the needs of all parties involved in the deal.
We ensure that in such an agreement the party being granted the licence won’t jeopardise the trade mark by using it in a way that would compromise its validity.
Beyond that we ensure the licence is recorded in the Trade Marks Register and update it with any future alterations to make things as streamlined as possible for our clients.
Why is it important for both sides of a licensing deal to ensure that it is properly recorded with the Register? This is because only a recorded licence holder is entitled to file legal proceedings if a trade mark is being infringed on, or to require that the registered proprietor do so.
And in any action that gets filed, the licence holder will again only be entitled to damages if that licence has been recorded.
Therefore we recommend that a trade mark agent be consulted to ensure that any licenses are properly drafted and recorded, for everyone’s protection.
Assignment of Trade Mark Rights
A trade mark is a property right, and it can be bought or sold like any other item of property. Any change in ownership of a registered trade mark should be recorded on the Trade Marks Register. We can assist in preparing the required documentation and recording the assignment.
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Enforcing Trade Mark Rights
Whoever holds a trade mark has exclusive rights in respect of any goods or services utilising it. Anyone using it, or a confusingly similar trade mark, for goods or services without authorisation is infringing that right.
Our trade mark attorneys can actively protect our clients’ rights against any infringement. Often simply pointing out an infringement can get the other party to back down. But where they continue, a court ordered injunction may be needed to protect a trade mark.
Watching for Conflicting Trade Marks
Part of our service for clients includes a watching service for registered trade marks. This means that once you have secured your trade mark through registration, we can maintain a watch on the trade mark registers and inform you of any attempt to register a new trade mark which may conflict. An opposition can then be filed to prevent registration and protect your rights.