Q&As

Can an unregistered trade mark be licensed under English law, with the licensor receiving royalties for its use?

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Published by a LexisNexis IP expert
Published on: 26 October 2016
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This Q&A covers the situation where the trade mark licence under consideration is in writing.

Background

Trade marks can be directly exploited by the trade mark owner (ie by self-use) but a trade mark owner can also generate income by transferring rights in the mark to other parties by various methods including licensing.

A licence is the transfer by the holder of the trade mark of any of the rights in the mark to another, short of an assignment of all rights. The licensor retains ownership of the trade mark and allows the licensee to engage in acts which would constitute infringement were it not for the licence

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Jurisdiction(s):
United Kingdom
Key definition:
Trade mark definition
What does Trade mark mean?

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

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