James & Wells - Intellectual Property

Information > Trade Marks

Recording trade mark licences

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A licensee of a trade mark may be recorded on the TradeMark Register as a permitted user of a particular trade mark.

The recordal of a licence gives the licensee specific rights to the trade mark, including the right to sue an infringer of the trade mark registration.

Use of the trade mark by a licensee is deemed to be use by the owner. Consequently, the licensee can never acquire goodwill or reputation in the trade mark and, even if the owner is not using the trade mark itself, the registration cannot be challenged on the basis that it is not being used.

 

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