Legal Position on Registration

• Registration of a trademark license is not mandatory under the Trade Marks Act, 1999.
  
• However, it is strongly recommended to register the license with the Trade Marks Registry.
  
• An unregistered license is still legally valid as a contract between the licensor and licensee.
  
• Registration provides official recognition of the licensee’s right to use the trademark.
  

Form and Procedure

• To register the license, the licensor or licensee must file Form TM-M with the Trade Marks Registry.
  
• The application must include a copy of the trademark license agreement and relevant details of the parties.
  
• A Power of Attorney (Form TM-48) is required if the application is filed through an agent.
  
• A government fee is applicable depending on the type and number of trademarks involved.
  

Advantages of Registration

• A registered license provides legal standing to the licensee in enforcement proceedings.
  
• It helps prove authorized use, which can protect the mark from cancellation due to non-use.
  
• It strengthens the licensor’s ability to control and monitor use of the trademark.
  
• It enhances the transparency and credibility of the license relationship in commercial dealings.
  

Consequences of Non-Registration

• An unregistered licensee cannot initiate infringement proceedings in their own name.
  
• The licensor may face difficulty proving use of the trademark through the licensee.
  
• Risk of disputes or misuse may increase without formal recognition of the arrangement.
  
• It may weaken the enforcement of quality control or contractual provisions in court.
  

Best Practice Recommendation

• It is advisable to always register the license with the Trade Marks Registry for legal security.
  
• Ensure the agreement is in writing, properly executed, and clearly defines all terms.
  
• Registration should be done promptly after execution of the license agreement.
  
• Legal guidance can ensure compliance with procedural and documentation requirements.