What is Trademark License?
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity.
A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857.
The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination-based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use the system, a defensive mark system, and a non claiming right system.
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.
Why this License is Required?
The licensing of the trademark allows the registered proprietor to let others use the mark without assigning the ownership of the mark. The use of the word “may” in Section 48(1) of the Act makes it apparent that registration of a licensing agreement is not mandatory for it to be licensed.
Who can get a Trademark License?
Document Required for Trademark License
Role of Shamkris and Process of Trademark License
Shamkris adopts a results-oriented approach to compliance with mandatory licence requirements in the organization. A simple and guidance methodology help organisation to achieve licence in a timely manner and cost-effective. Shamkris support 100% in advisory, Guidance, Compliance with respect to license requirements to obtain approval.
The License process described below:
Advisory for the document required
Preparation of documents as per application & list of documents.
Verification of Application by the Department
License issued for 10 years
Renewal when due
Who can issue the Trademark License?
In trademark licensing, a trademark owner (Licensor) grants permission to another (Licensee) to use that trademark on mutually agreed terms and conditions. Trademark licensing was considered impossible at one time given that one of the functions of a trademark was to indicate source.
- Step 1: trademark search. (time: about 4 hours) Cost: Rs. 0 to Rs. …
- Step 2: Create a trademark application. (time required: 2-3 days) …
- Step 3: trademark registration. (time 8 to 24 months)
- Achieve instantaneous recognition. …
- Enhance their authenticity and credibility. …
- Reduce in-house costs. …
- Gain access into new distribution channels. …
- Enter new regions.
The next thing you need in order to license your trademark is legal ownership of your trademark. This means that you must have a trademark that is registered with the federal government. … Alternatively, you can save yourself time by hiring a qualified trademark attorney to handle all of the legal paperwork for you.