Vetri Audit - Other Compliances - Trade Mark License Registration

What Is a Trade Mark License?

A Trade Mark License is a legal authorization that allows the owner of a registered trade mark (called the licensor) to grant permission to another party (called the licensee) to use the trademark under defined terms and conditions, without transferring ownership. This arrangement helps businesses expand their brand presence, maintain quality standards, and legally protect intellectual property rights.

Why Register a Trade Mark License?

Registering a trade mark license is a strategic and protective step for both licensors and licensees. Here’s why it’s important:

Provides legal authority for another party to use your trademark
Protects against unauthorized use and infringement claims
Facilitates franchising, business partnerships, and brand collaborations
Ensures quality control over the goods or services bearing the trade mark
Offers legal proof in case of disputes or legal proceedings

Types of Trade Mark Licenses

Type	Description
Exclusive License	Only the licensee can use the trade mark in the defined territory; even the owner cannot use it.
Non-Exclusive License	Multiple licensees may be granted permission to use the same trade mark.
Sole License	Both the owner and the licensee can use the trade mark, but no third parties are allowed.

Documents Required for Trade Mark License Registration

To apply for a trade mark license registration in India, the following documents are required:

Copy of the Registered Trade Mark Certificate
License Agreement specifying the terms, scope, duration, and territory
Details of Licensor and Licensee (identity and address proofs)
Power of Attorney (if filed through an agent or legal representative)
Proof of Fee Payment (prescribed government fees)

How to Register a Trade Mark License – Step-by-Step Process

1

Draft the License Agreement

Define terms such as scope, duration, usage rights, royalties, and quality control measures.

2

Prepare and File Form TM-L

Form TM-L is the official form for registering a trade mark license under the Trade Marks Act, 1999.

3

Submit the Application

File online via the IP India Portal or through physical submission at the Trade Marks Registry.

4

Attach Supporting Documents

Include all necessary documents—Trade Mark Certificate, License Agreement, Power of Attorney, and ID proofs.

5

Pay the Government Fees

Standard fee is ₹5,000 per class of goods/services.

6

Examination and Publication

the Registrar examines the application. If found acceptable, it's published in the Trade Marks Journal for public notice.

7

Certificate of Registration Issued

If no opposition is filed, the Trade Marks Registry issues the official License Registration Certificate.

Processing Timeline

Standard Processing: 6-9 months
Delays may occur if oppositions or objections are raised during the publication stage

Important Considerations

Trade mark license registration is not mandatory, but strongly recommended
Unregistered licenses offer no statutory protection under the law
A license can be revoked if the licensee fails to meet quality standards or breaches the terms

Key Benefits of Trade Mark License Registration

Acts as legal proof of licensing arrangement
Supports franchise and brand expansion across regions
Enhances legal enforceability in disputes
Helps prevent unauthorized use, counterfeiting, and infringement
Ensures brand consistency and control over quality of products/services

Need Assistance?

At VETRI AUDIT SERVICES PRIVATE LIMITED, we specialize in Trade Mark License Registration services including:

Drafting and vetting License Agreements
Preparing and filing Form TM-L
Liaising with the Trade Marks Registry
End-to-end support until registration

Let us help you legally protect and expand your brand with confidence.

Trade Mark License Registration