Part I Registered trade marks
Licensing
28 Licensing of registered trade mark.
1
A licence to use a registered trade mark may be general or limited.
A limited licence may, in particular, apply—
a
in relation to some but not all of the goods or services for which the trade mark is registered, or
b
in relation to use of the trade mark in a particular manner or a particular locality.
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.
3
Unless the licence provides otherwise, it is binding on a successor in title to the grantor’s interest.
References in this Act to doing anything with, or without, the consent of the proprietor of a registered trade mark shall be construed accordingly.
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.
F15
The proprietor of a registered trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in the licence with regard to—
a
its duration,
b
the form covered by the registration in which the trade mark may be used,
c
the scope of the goods or services for which the licence is granted,
d
the territory in which the trade mark may be affixed, or
e
the quality of the goods manufactured or of the services provided by the licensee.