Anyone other than the owner who wants to use a trademark needs either a licence agreement or an assignment of the trademark.
A licence agreement gives the licensee the right to offer and sell goods and services under the trademark, unless its terms say otherwise. A licence may be exclusive or non-exclusive.
For a licence or an assignment of a trademark or patent to be effective, the trademark or patent must be registered with the relevant office – the national IPO, the USPTO (for the USA) or the EUIPO (for the EU).
In the most common type of licence, the owner of a trademark (or a patent, design or other right) grants the right to use the trademark, invention, utility model or industrial design. Besides standard licences there are know-how licences, which cover unprotected but confidential manufacturing or other expertise – in other words, passing on valuable information that can help your business. Another type is a mixed licence that obliges the licensee to maintain certain quality standards for products or services – franchising, as used by McDonald’s restaurants or OMV filling stations.
If you need to change your licence agreement or would like advice on its content, you can order our consultancy services.
Frequently Asked Questions About Trademarks
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Trademarks – FAQ
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Types of Trademarks
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US Trademark
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EU Trademark
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Slovak Trademark
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International Trademark
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