The trademark owner relation and a license are a result of bargain or commercial arrangement. A person for the use of trademark and the conditions and terms of the license agreement are to be arranged and assigned between the owner of the trademark and the suggested user. The association between the owner and the licensee shall be managed by Law appearing and statutory obligations from conditions of the 1999 act.
The terms and conditions in association to points specified and those managing the association of licensor and license mentioned in the agreement between them.
The provision which the licensee must handle and assign the trademark on the goods and services under the complete quality control of the owner.
As declared earlier, an owner may appoint as many licensees as he wants and he may appoint them offering entire geographical places or on the basis of a combination or location. Act 1999 does not does not even bar the registration of such multiple licensees as registered users for the same trademark in favor of the same goods or services.
Trademark Registration License
After trademark registration, the registered user gets authority to use the trademark from the act in addition to the agreement. If any argument appears between the registered owner and the registered user can continue to use the trademark. The owner name is entered in the registered user. It does not mean that the trademark owner does not have any treatment.
Effect of Registration as Registered User
In case of the trademarks registered in Chennai office, there is a free condition for registration of a licensee as registered user. It can be useful to both the owner and the licensee. Application for registration of license as registered user has to be made within the specified term. A licensee, if registered in the trademark register in India is specified to as registered user.
Trademark Registered User
A registered user is authorized to set in motion the execution machinery of the act on his own without the registered owner. The licensee has been provided a status equal to registration owner. An act 1999 maintains that the obligations and rights of registered owner and registered user are simultaneous in such conditions.
Registered User Necessary Party to All Proceedings
In all cases relating to conversion of the register or in a proceeding under section 91 against a selection of the registrar stimulating a registered trademark where the owner is to be made party.
Registration of Licensee as registered user
Under section 2(1)(x) is specified and is allowed to use the trademark within authorized use. Sections 48 to 54 (and the suitable rules of trademark) include detailed conditions to the registration, obligations, rights of the registered users. Section 48 is allowing condition for registration of the licensee as the trademark registered user.
Paradox of common law license under trade and merchandise marks act 1958
The language of the stipulations on licensing and the explanation of “permitted use” in 1958 act. In this act, the registration as registered user was the advantage of central government. The registrar was only to perform the direction of the central government.
Commonly, when an unregistered trademark could be licensed freely. The registration of trademark could also be licensed by way of common law license. If the registration of a licensee as a registered user was rejected by the registrar at the request of the central government.
It had been mentioned clear that the license agreement would survive between the parties as no condition in the law is dissolved the license agreement. The registration as registered user was not a restriction example for the licensing activity to start and the action of requesting the trademark on goods could be maintained as unregistered licensee of the registered trademark.
Provision for an unregistered license
In case of common law license of the trademark, the sign of the relation between the trademark. In the first case, the goods should be described with the trademark owner. The goods are manufactured by named licensee under license from the owner. If the trademark as available on goods represents a relation of the trademark only with an unregistered licensee.
Application procedure for trademark registration as registered user
Section 49 approves that the application for trademark registration as registered user has to be made together by the registered owner. The suggested user setting out the limits of authorized use.
The major document to be submitted is the license agreement entered into between registered owner and proposed registered user with favour to the licensed use. In addition, the registered owner or his authorized agent has to submit the following particulars:
Details of relation, suggested or existing between the registered trademark owner and the suggested user.
The details appearing the degree of control by the owner over the qualified use which their relationship will consult.
Whether the suggested registered user shall be the sole registered owner. It is also need to be announced whether this is a change of their relation or is there any other provision as to persons for whose registration as registered users.
The legal verification must explain the goods or services in favour of which the licensee is suggested to be registered.
The legal verification must explain the any restrictions or conditions:
Grant of Trademark Registration as Licensee
When the above needs are followed with, the registrar would file the suggested registered user in favor of goods or services.
In 1958 act, the registrar had no influence in part to the rejection or grant of an application for trademark registration as registered user. But he continued like a post office only. He was to forward the application to the government with his report.
Still the registrar acts as a post office. All informations as to the licensing arrangement is settled between the parties. The registrar implements the formalities of creating the statements in the register and providing notice to other licensees of trademark. On licensee registration as a registered user, the specifics of the same are mentioned in the “Trademarks Journal”.
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