Trademarks Act 2019 · Updated to 18 Mar 2022 · Part X · Licensing
69. Licensing of registered trademark
Feedback & supportA licence to use a registered trademark may be general or limited.
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
A limited licence may apply—
in relation to some but not all of the goods or services for which the trademark is registered; or
in relation to use of the trademark in a particular manner or a particular locality.
A licence shall not be effective unless it is in writing and is signed by or on behalf of the grantor.
A licence to use a registered trademark shall be binding on every successor in title to the grantor’s interest—
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
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.
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).
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
Where the licence so provides, a sub-licence may be granted by the licensee.
licensee
“licensee” means a person who is entitled to exercise his rights under Part X upon being authorized by a registered proprietor of trademark;
This section shall apply, with the necessary modifications, to an exclusive licence.
Trademarks 71