Drafting a trade mark licence—a practical guide
Drafting a trade mark licence—a practical guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Drafting a trade mark licence—a practical guide
  • What is a trade mark licence?
  • Key concerns and practical tips for the licensor
  • Key concerns and practical tips for the licensee
  • Grant of licence
  • Which rights are being licensed?
  • Scope of the licence
  • Activities to be carried out under the licence
  • Territory
  • Assignment and sublicensing
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

What is a trade mark licence?

A ‘trade mark licence’ is a permission by the trade mark proprietor to do something which would otherwise be trade mark infringement. A licence may be in respect of all of the rights in the mark, or in relation to only some of the relevant goods or services for which the mark is registered, or in relation to the use of the mark in a particular manner or territory.

The scope of the licence can be exclusive (meaning that only the

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