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Section 69

Licensing of registered trademark

of Trademarks Act 2019

ActIn forceProvision 69 of 214
Section 69

(2)

A limited licence may apply—

(a)

in relation to some but not all of the goods or services for which the trademark is registered; or

(b)

in relation to use of the trademark in a particular manner or a particular locality.

(3)

A licence shall not be effective unless it is in writing and is signed by or on behalf of the grantor.

(4)

A licence to use a registered trademark shall be binding on every successor in title to the grantor’s interest—

(a)

except any person who, in good faith and without any notice, actual or constructive, of the licence, has given valuable consideration for the interest in the registered trademark; or

(b)

unless the licence provides otherwise, and any reference to doing anything with, or without, the consent of a registered proprietor of trademark shall be construed accordingly.

(5)

Every person shall be deemed to have notice of a licence if the particulars as determined by the Registrar of the grant of the licence are entered in the Register under subsection 65(1).

(6)

Where the licence so provides, a sub-licence may be granted by the licensee.

(7)

This section shall apply, with the necessary modifications, to an exclusive licence.

Trademarks 71