Written by Igor Demcak
CEO & Legal Mind
Yes, you can license the use of your trademark to a 3rd party by signing a trademark agreement.
A trademark agreement differs from a trademark assignment, which describes the transfer of rights to a trademark. With a trademark agreement, ownership rights are not altered, and the third party is not granted co-ownership rights.
After both parties sign the document, it should be recorded with the relevant IP office. Although this is not strictly required, it is advisable for both parties. For the licensee, it means having a public record stating they are not infringing on anyone's rights. For the licensor, it means being protected against a claim of abandoning their trademark.
It should be noted that the owner is permitted to license the trademark only if they control the nature and quality of the goods/services protected by the mark. Therefore, the agreement will likely include sections on inspections and quality control, and both parties should agree on how monitoring will be carried out.
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