A trade mark licence is a contract between the owner of a trade mark and another person. Usually a licence, who agrees to use the trade mark in return for some form of payment. The agreement can provide that the licence has exclusive rights to use the trade mark in return for a fixed sum of money, or on a royalty basis. Where the licence pays a percentage of every unit sold as negotiated.
There are three types of licences: exclusive, non-exclusive, and semi-exclusive. The most common type is an exclusive licence which means that the licence has the right to use the trade mark exclusively in a defined territory or for a defined period of time.
The licences can be approved by either party in different ways. For example, the owner may approve it by signing it or giving written consent; or it can be approved by receiving formal notice from the owner that they have not objected within a given time limit.
What are Trade Marks?
A trade mark is a distinctive sign or indicator that identifies the goods or services of one party from those of another. This is a broad definition, which can be applied to the concept of a trademark with respect to various entities.
Trade marks are used to indicate the source of products and services. They can be words, images, sounds, shapes, smells, tastes or even colors.
How to Licence a Trade Mark?
A trademark licence is a contract with the right to use a trade mark.
There are two types of trademark licences: exclusive and non-exclusive. Exclusive licences are granted only to one licence at a time and they allow the licence to use the trade mark in perpetuity. While non-exclusive licences allow multiple licences to use the trade mark.
Legal Requirements for Approving Trade Marks
Trade marks are the symbols and words that identify the source of a product or service. They are used to distinguish one company’s products from those of other companies.
In order to make sure that no trade mark is infringing on another, there are many legal requirements for approving a trade mark. These include ensuring that the proposed trade mark is not too similar to an existing one, does not bring about confusion with an existing one, and does not deceive consumers as to the source of the goods or services.
The legal considerations for approving a trade mark also include making sure there is no risk of infringement with any other intellectual property rights such as copyright, design rights and patents.
How to Approve Trade Marks in Melbourne?
To obtain trade mark licence Melbourne, you need to register your trade mark in each state and territory where you intend to use it.
The process for registering a trade mark in Victoria is the same as the process for registering a trade mark in any other Australian state and territory. The priority date for a trade mark application in Victoria is the filing date on the international application form. If you have previously registered a trade mark in other states of Australia, then you must provide evidence of your registration before applying for registration in Victoria.
