Trade mark licences

The right to use a particular trade mark can be licensed so that others may use the trade mark.

It is strongly advisable for any trade mark licence agreement to be recorded in writing.

The licensor should have sufficient control over use of its trade mark to ensure appropriate standards of quality in the provision of goods or services carrying the trade mark are maintained.

In the absence of such controls, it may be found that the trade mark registration is invalid because it is no longer distinctive of the trade mark owner, or the mark has become deceptive in that it is used on goods from different sources and of different quality.