TRADEMARK LICENSE

The trademark license contract is the agreement through which one of the parties (called licenser) transfers to the other party (called licentiate) the right of temporary usage, total or partial, of a trademark.

Unlike the transfer agreement, the license contract does not transfer the actual right of industrial property over the trademark, but it gives the licentiate a simple right of using the trademark, in the limits stipulated in the contract and under a certain control on the part of the licensor.

The contract of transferring and the license contract for a trademark have to be registered at the National Register of Trademarks in order to become viable for the third parties involved. Upon registration there is a fee imposed by the law which needs to be covered.

In case you want the transfer or license for exclusive right over the trademark, you can obtain legal consultancy by using the judicial services offered through this website.

Registering licenses and other rights

The registration request for a license or for a real right will contain the following elements:

• The name and the address/ office of the title character;
• If the title character has a trustee, the name and the address/office of this person;
• Name and address/office of the beneficiary of the license/ real right;
• If the case requires it, the name of the state in which the beneficiary of the license dwells or has his/her office or a company as explained in Art. 3 from the Paris Convention;
• The registration number of the trademark which makes the object of the license registration or of the real right;
• The list of the products and services offered under the specific trademark which is the object of the license/real right registration;
• The signature of the title character or of the trustee.

If only some of the goods and services are to be registered under the trademark or if the license is geographically limited or temporary, the registration application of the trademark will indicate, according to case:

• The goods and services to which the trademark applies;
• The geographical region for which the license is granted;
• The timeframe in which the license is valid.

Important! The request application is recorded only after paying the fee imposed by the law.

When the aforementioned conditions are not met, SOIT grants the applicant of the license registration request a 3 month term to remedy the deficiencies. In case these are not resolved within the specified period of time, SOIT will reject the application request.

The trademark license is registered at the National Register of Trademarks with the statement 'exclusive license', if the title character and the licentiatemake an express request of this. The trademark can become the object of forced execution and can be forfeited or it can be the object of another real right.

At the request of one of the parties, the real right and the forced execution measures are registered in the National Register of Trademarks and published in the 'Industrial Property'Official Gazette (IPOG).