Trade Mark Licence Q&A

What sorts of restrictions on the use of the trade mark are included in the licence?

The restrictions set out in Clause 5 of the licence are all of a general nature. They include restrictions on causing harm to the goodwill inherent in the trade mark, bringing the liecnsor or the trade mark itself into disrepute, jeopordising or invalidating any registration, or otherwise prejudicing the rights of the trade mark licensor.

Does the licence of trade marks restrict the licensee from registering anything similar to the trade mark that is the subject of the licence?

Yes. The following clause is included in the template: "the Licensee will not during the Term and in the Territory apply to register a trade mark, sign, business name or domain name that is identical or confusingly similar to any Trade Mark".

Can this document be used for the licensing of more than one trade mark?

Yes, although if the different trade marks are being licensed on different terms, then more fundamental adaptations of the template may be required.

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