License your Trademark in Bangalore

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Overview

Trademark licensing is the process whereby a registered proprietor of a trademark authorizes a third party to use the mark in the course of trade without transferring the ownership of the mark. The licensing of the trademark allows the registered proprietor to let others use the mark without assigning the ownership of the mark. The proprietor can also put other limitations on the use of the mark through the terms that he puts into the licensing agreement. For example, the proprietor may license a trademark to be used for only particular goods and services

Trademark Licensing is a process where a registered owner of a Trademark approves a third party to use the mark or logo without transferring the Trademark ownership. In simple terms, the Trademark Licensing allows the registered owner to let others use the mark or brand name without assigning the actual ownership of the mark. The Trademark owner can also put some other restrictions on the usage of registered Trademark via the terms that they put into the Trademark Licensing Agreement.

Advantages

1. Financial Benefit:
Both the parties can avail financial benefits as the Trademark is
extensively exploited for profit & royalty is paid to the owner. The Licensor, who couldn’t exploit their Trademark, say, due to deficiency of visibility or resources, can now make the use of Licensee’s resources by permitting them the license & make more profits. The Licensee also gets their share in the profits.

2. Expand Trademark’s Popularity:
As the Trademark reaches a huge number of customers, it automatically becomes popular. This aids in more profits via
increased sales and aids in further Trademark Licensing.

3. Help in Expanding Business:
The Trademark owner’s business expands, and its outreach spreads to various territories. The business no longer detains itself to a
specific area; rather, the Licensee can use their distributor skills for the expansion of business.

Process

1. A duly certified copy of Agreement or written Agreement entered into between the registered owner or Licensor and the proposed Registered Use or Licensee concerning the permitted use of the proposed Trademark.

2. An Affidavit made by the registered owner or Licensor giving details; of the connection between the Licensor or registered owner and the proposed registered user or Licensee of control by the owner or Licensor over the permitted use by the Licensee which their relationship will present products or services concerning of which Registration is proposed; of restrictions/conditions, if any, proposed concerning the characteristics of the products or services, to the place of the permitted use, or to any another matter

3. A signed Power of Attorney in favour of agents (if any)

4. Extra documents or proofs as may be required by the Trademark Registrar or as may be prescribed.

Documents Required

Filling of TM-28:
The license agreement or a duly authenticated copy thereof.
Document and correspondence, if any or a copy thereof.
Supporting affidavit.
Such other documents and evidence/information as the Registrar may call upon.
Drafting Supporting Affidavit:
The precise relationship between the registered proprietor and the proposed registered user.
Particulars showing the degree of control by the registered proprietor.
Goods & services in respect of which registration is proposed.
Conditions or restrictions imposed by the license.
Period of permitted use of the mark.
Ensure that License Agreement includes the following:
All particulars mentioned in supporting affidavit.
The terms with respect to royalty and other remuneration.
The means for bringing the permitted use to an end.
Filling of the Application :
The filing of application through Form TM-28 can be done either online or offline to the Registrar.
Acceptance by the Registrar:
The Registrar may accept the application either completely or conditionally. A conditional acceptance takes place when conditions/restrictions/limitations are put on the permitted use provided in the license. In the case of conditional acceptance, the registrar will issue a notice to the applicant.
Hearing in the case of Conditional Acceptance:
On the issue of notice of conditional acceptance by the Registrar, the parties may apply for a hearing. On the application of hearing, the Registrar may appoint time within two months. After the hearing, the Registrar may communicate in writing. It is to be noted that if the party fails to apply for hearing within one month of the issue of notice, the registrar may accept the agreement with the conditions and limitations he imposed.
Entry in Registrar:
When accepted, the Registrar records the proposed registered user as a registered user in the register

Faqs

Faq 1

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