World Intellectual Property Organization

Can I allow someone else to use my mark?

You can certainly license the right to use your mark to someone else. It must be kept in mind that since marks establish a connection between the mark and the goods, and are often understood as an indication for a certain quality and reputation. It is, therefore, important that the person to whom you have licensed your rights maintains that same connection and the same quality and reputation. To this extent, you must be closely involved with the proper use of that mark by your licensee. The legislation of a number of countries even require that the license contract provides for effective control by the licensor and the license contract is considered to be invalid if it does not provide for quality control or if such quality control is not effectively carried out. Close involvement and control of the use of the mark by the licensee is also important for satisfying the requirement of use. That is, the use of your mark by another who is legally authorized by you and whose use is under your control and supervision is generally considered use of the mark by the owner.

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