Businesses often collaborate to expand their brand presence and reach new markets. In such cases, a Trademark Licensing Agreement plays a crucial role. But many business owners are confused about how to register trademark licensing agreement in India and what steps are involved.
This guide will explain the meaning, process, benefits, and legal provisions in detail.
Meaning of Trademark Licensing Agreement
A Trademark Licensing Agreement is a legal contract where the trademark owner (licensor) gives permission to another party (licensee) to use their trademark under specific terms and conditions.
Registering this agreement with the Trademark Registry ensures stronger legal protection for both parties.
Why Register a Trademark Licensing Agreement?
Registering the agreement is important because it:
-
✅ Provides official recognition of the licensee as a registered user.
-
✅ Strengthens the enforceability of rights in case of disputes.
-
✅ Ensures quality control of goods and services under the trademark.
-
✅ Helps avoid infringement issues in the future.
Process: How to Register Trademark Licensing Agreement
Here are the key steps:
1. Draft the Licensing Agreement
The agreement must include:
-
Rights granted to the licensee.
-
Territory and duration of usage.
-
Royalty or fee payable.
-
Quality standards and control.
-
Termination clause.
2. File Application with Trademark Registry
-
Use Form TM-U for registering a licensee (registered user).
-
Submit it along with prescribed fees and a copy of the agreement.
3. Examination by Registrar
-
The Registrar of Trademarks examines the application.
-
If satisfied, the licensee is entered in the Register of Trademarks as a registered user.
4. Publication in Journal
The details of the license agreement may be published in the Trademark Journal for public notice.
5. Registration of Licensee
Once approved, the licensee gets legal rights to use the trademark as per the agreement.
Documents Required for Registration
-
✅ Copy of the Trademark Licensing Agreement.
-
✅ Details of the trademark (application/registration number).
-
✅ Address and ID proof of licensee and licensor.
-
✅ Affidavit confirming terms of usage.
-
✅ Power of Attorney (if filed through an attorney).
Benefits of Registering the Agreement
-
📌 Legal protection against unauthorized use.
-
📌 Clarity of rights and obligations.
-
📌 Better enforceability in case of disputes.
-
📌 Revenue security for the trademark owner.
-
📌 Market expansion for both parties.
Conclusion
To summarize, registering a Trademark Licensing Agreement ensures that both the licensor and licensee are legally protected. The process involves drafting an agreement, filing Form TM-U, examination by the Registrar, and entry in the Register of Trademarks.
👉 If you are planning to license your trademark or want expert help in drafting and registering the agreement, contact us for professional assistance.