Statutory requirements of a trade mark licence
Statutory requirements of a trade mark licence
The requirements of a trade mark licence are set out in s.28 of the 1994 Act, which provides so far as is relevant:
“28. Licensing of registered trade mark.
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(2) A licence is not effective unless it is in writing signed by or on behalf of the grantor. Except in Scotland, this requirement may be satisfied in a case where the grantor is a body corporate by the affixing of its seal.
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(4) Where the licence so provides, a sub-licence may be granted by the licensee; and references in this Act to a licence or licensee include a sub-licence or sub-licensee.
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- Heading
- Judge Hacon
- The broad issues
- The witness
- The law on trade mark validity
- The issues arising from the application for a declaration of invalidity
- Whether CSL is a licensee under the Ford Cobra Marks
- Statutory requirements of a trade mark licence
- Construction of a written licence
- Discussion
- Whether the use provisions of s.47 were satisfied
- Genuine use under s.47 (2B)
- Discussion
- Whether either s.5(2) or 5(3) obtains
- Section 5(2)
- Section 5(3)
- Whether Ford acquiesced in the use of the AC Cobra Mark under s.46(1)
- The law
- Discussion
- Whether the AC Cobra Mark stands to be revoked for non-use
- Conclusions
![IP-2022-000036 - [2023] EWHC 2005 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png)