Trade Mark Licensing
Trade Mark Licensing
If you own a trade mark and are thinking about licensing your brand or you’re looking to obtain a licence allowing you to use someone else’s trade mark, we’ll help you navigate the process.
There are several benefits associated with the granting or taking of a licence.
- Licensing your trade mark gives you control over your brand while opening up new markets and creating an extra revenue stream
- Taking on a licence gives you a fast entry into a marketplace with minimal risk exposure because you are not setting up a new venture
Of course, one of your main considerations when setting up licensing arrangements is to make sure they don’t affect the value or validity of your trade mark.
Things to consider in trade mark licensing
Trade mark rights are affected by the way it is used, so it’s vital that, as the trade mark owner, the licensing arrangement does not risk:
- The value of your trade mark
- The security of your trade mark registration
- Your exclusive ownership of the trade mark rights
Other things to bear in mind are:
Protecting the value of your trade mark
The value of your trade mark depends on its reputation in the market place. Therefore, you will need some control over the nature and quality of the goods or services of the licensee. We can do this for you by including a quality control provision in the licence agreement.
Security of your trade mark registration
In whichever countries your trade mark is registered, your licensee must comply with the trade mark laws of each country that are covered by the license agreement.
Ownership of the trade mark
Trade mark rights can be obtained through using the trade mark. Here at Ward Trade Marks, we’ll make sure your licence agreement is carefully drafted to prevent the licensee from acquiring rights over and above what is intended or challenging the ownership of your mark.
Allowing your trade mark to be used in connection with the goods or services of a licensee, indicates you have a relationship with those goods or services. In some countries (including the UK), this could be sufficient to make you liable for damage or injury as a result of defects with the licensee’s goods.
As the trade mark owner, you and the licensee must agree on what action is to be taken by each of you if the trade mark is infringed by a third party. You also have to agree on who will be liable for the costs of such action.
On top of that, you must also consider competition law and royalties.
Free Guide: Everything A Business Owner Needs To Know About Trade Marks
The guide will explain to you in detail the essentials of trade mark protection including:-
- Choosing a distinctive brand name – why a good choice will resonate with your customers and reduce your advertising and marketing spend.
- The importance of avoiding the descriptive/ generic trade mark trap.
- The importance of pre-filing searches – done the correct way – to avoid future legal action against you and the risk of having to rebrand.
- Strategy on when to time your application.
- Realising the value of your trade mark – why your trade mark is considered an asset on your balance sheet.
- The importance of maintaining and enforcing your registered trade mark rights once your mark is registered.
Simply enter your details below to receive this guide instantly:
How we will help you license your trade mark
The team at Ward Trade Marks will help you draft, negotiate, record and enforce your licensing agreement to make sure you don’t fall foul of any pitfalls.
We’ll make sure any licence agreement that you sign up to is recorded at the UKIPO and any other appropriate Registry in a jurisdiction in which the licence has effect.
Trade mark rights can take years to establish and develop. Don’t put yours at risk. Come to us at the outset and stop any issues arising.
Make an Enquiry
To make a no obligation enquiry, please either call us on 01284 619000 or make an online enquiry and we will be delighted to help you.