Trade Mark Licensing in India

Licensing of Unregistered Trade marks

The Indian Trade Marks Act provides provision for licensing of only registered Trade mark. Thus , the licensing of an unregistered Trade mark, thought cannot be registered cannot be registered with the Trade Marks Registry, the same can be affected through a valid license agreement between the parties.

Further, the Courts of India have declared licensing of an unregistered Trade mark to be unlawful and governed by common law. The Supreme Court of India cleared the position on this subject in Gujrat Bottling Co. V Coca Cola Company [1996 (16) PTC 89(SC)] holding, so for connection in course of  trade with the Trade mark continues to exist between the goods and the proprietor of the mark, licensing of Trade marks whether registered or unregistered mark may be permitted.