Licensing a registered mark

The proprietor of a trademark may grant a licence to another person. After the licence is recorded, the licensee’s use of the mark is treated as use by the proprietor.

The licence is a written contract filed at the Department of Intellectual Property. It should cover control of the quality of the goods that bear the mark, whether the licensee’s right is exclusive or non-exclusive, and whether the period is fixed or open. The recordal also uses the original certificate, a notarized power of attorney of the licensee, and the licensee’s identification.