Christy Funsch23



 

Trade Mark Licence Agreement India

Details of the license exclusivity must be specified. An exclusive license creates monopolistic rights to the use of the trademark. A non-exclusive license is likely to be granted to others. Authorized use is defined in Section 2 (1) (r) as “with respect to a trademark, i.e. the use of the trademark i) by a registered brand user with respect to products or services 2. The licensee produces and sells the products under the aforementioned brand name. __ 16. In the event of a dispute arising from this agreement, the same thing is referred to the arbitration of a common arbitrator, if such an agreement is agreed or in the absence of such an agreement, to two arbitrators appointed by each party, and the arbitration procedure is currently governed by the arbitration law. The definition of a trademark is provided for in paragraph 2, paragraph 1, point zb, of the Trademark Act 1999. It is therefore a trademark- The registered owner of the trademark should take guarantees as to the exclusive rights he enjoys over the trademark and his trademark license rights. If so, the licensee should guarantee that such a licence has not been granted to any other distributor or licensee.

There may be a number of payment options for licensing. These include: 5. The national levy of Rs 4500 for each mark must be paid. The legal provision of Section 48 of the TM Act provides that a person other than the holder of a registered trademark may be registered as a registered user. Therefore, the use of the registered trademark may be authorized by the provisions of this Act, but the necessary conditions must be met by both parties. The overall description of the brand is to be done here. Every detail in the combination of colors, words, shapes, symbols, labels, packaging or other representations must be documented. It is important to get protection. A description of the parties should be obtained, the nature of their transactions and the ownership of the proposed trademark to be licensed. The category of goods/services is also to be mentioned. Registration of a TM license agreement is not required by law. But the registration always comes to use, as it makes a record/proof in any future disputes.