Trademark License Agreement Uk
The TMA establishes similar provisions for trademarks. Art. 31 tMA 1994 provides that where an exclusive trademark licence stipulates that the taker has the same rights as if it were an assignment, the taker may bring an action on his own behalf. If the unmarried licensee and the trademark holder have the right to initiate infringement proceedings at the same time, both parties can sue, but both parties must, in order to protect a defendant, be prosecuted twice for the same offence. If the patent holder is admitted as a defendant in the proceedings, he is not liable for costs unless he participates in the proceedings. The obligation to join the sole licensee and the ability of the holder to avoid liability for the costs may be borne by the holder and by the single licensee. Licensees must be aware of the effect of a policyholder`s misrepresentation, which may lead to termination of the contract or payment of damages to the licensee. Silence may, in certain circumstances, constitute misrepresentation and, therefore, a licensee may make limited disclosure or include some guarantee in a licence. Use this trademark licensing agreement if you want to grant someone an exclusive, non-exclusive or unique license to use your brand for certain products. Use this agreement to set clear conditions and obligations for both parties. If the trademark that is licensed is registered in all or part of the countries covered by the licence, it is important to ensure that the trademark laws of those countries are respected.
Most countries provide for the revocation of a trademark if the trademark holder uses or authorizes the trademark in a specific manner. What are the consequences of the bankruptcy of the taker on the legal relationship with his licensant? and any sub-licensing granted by the licensee? Can the licensee structure its international licensing agreement to terminate it before bankruptcy and withdraw the licensee`s rights? By authorizing the use of its trademark in relation to the products or services provided by the licensee, the trademark holder finds that it is related to those goods or services. In the United Kingdom, the purchaser enjoys the following benefits for registering a licence: the possibility for a co-owner to use the patent is therefore considerably limited. This can also be modified by contractual agreements between the parties. Can unregistered trademarks or other unregistered intellectual property rights be licensed in your country? In some countries (including the United Kingdom) and in certain circumstances, this may be sufficient to make the trademark holder liable for damage or injury caused by defects on the licensee`s products.