Licensing of Trademarks in India: An Historical Overview

Abstract

At its simplest, trademark licensing is permission granted by a trademark owner (licensor) to another (licensee) to use the licensor’s trademark on mutually agreed terms and conditions. Consistent with the origin-function of a trademark, the licensor must remain in control of the nature and quality of the licensed goods or services to prevent false or deceptive representation resulting from the licensee as a source of such goods or services. The licensor’s quality control and connection with the licensee’s goods or services lie at the core of valid trademark licensing and ensure consistent standards of quality of goods or services offered.