Skip to content A trade mark licence is where you provide a party permission to use your mark in a way that would otherwise be deemed an infringement.
A licence is a form of contract, so clarity matters. We take your licensing arrangement from commercial terms to a signed agreement in three clear steps.
We discuss what you want to achieve, whether reaching new markets, increasing brand recognition or distributing workload, and agree the scope of the licence.
We draft a clear and concise licence covering consideration, fees and recovery mechanisms if a breach occurs, taking into account the legalities of every jurisdiction involved.
We advise on recording the licence with the UK IPO where appropriate, so third parties are put on notice and your position is protected.
A licence regulates the relationship between the trade mark owner and the other party, allowing the owner to make money from the relationship. Because a licence is a form of contract, contract rules apply, and it is important to ensure that the legalities of each country involved are taken into consideration so no breach of laws occurs.
There are many reasons for trade mark licensing: reaching new markets, increasing brand recognition, distributing workload and ultimately improving your business.
Licences can be exclusive, where the licensee has sole commercial rights over the mark; sole, where both the licensee and licensor can use the mark but no further licences can be granted; or non-exclusive, where the licensee, licensor and other assigned parties can all use the mark. We will help you choose the structure that fits your commercial goals.
A trade mark licence can be divided into three categories: an exclusive licence, where the licensee has sole commercial rights over the mark and the licensor retains no benefit other than the agreed fee; a sole licence, where both the licensee and the licensor have rights over the use of the mark; and a non-exclusive licence, where the licensee, licensor and assigned third parties can all use the mark.
It is advised you use a trade mark firm, like ourselves, to write your licence, especially if the contract covers a number of jurisdictions. If you have any questions on trade mark licensing or would like us to draft a licence on your behalf, please do not hesitate to contact us today.
Here are some frequently asked questions about trademark licensing. We have provided detailed answers to help you understand how licensing can work for your brand.
A trademark licence is a legal agreement that lets another party use your registered mark on agreed terms while you retain full ownership of it.
Licensing grants permission to use the mark while you keep ownership. An assignment is a permanent transfer of ownership to another party.
Yes. Licences can be exclusive, sole or non-exclusive, and can be limited by territory, goods and services, or time period, depending on your commercial goals.
Recording the licence with the UK IPO is strongly advisable. It puts third parties on notice and can affect your ability to claim full costs in infringement proceedings if the licence is not recorded.
A written agreement sets out scope, royalties, quality control and termination rights. It protects the value of your mark and avoids disputes about what was agreed.
