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ARTICLE · 04 AUGUST 2025

Trade Mark Licensing – Permitted Use, Registered Users And Revenue Growth

In our previous article we established the monetary value and financial leverage available for business owners, more specifically registered brand owners, through the hypotec/pledging route...

South AfricaIntellectual Property

Licensing under Section 38: Recording Permitted Use to Scale Safely

In our previous article we established the monetary value and financial leverage available for business owners, more specifically registered brand owners, through the hypotec/pledging route, business owners should not forget the unlocking business potential vested in trade mark licensing, in the commercial landscape.

What is Trade Mark Licensing?

Trade mark licensing involves the registered trade mark owner granting use permission to another party over the registered trade mark in return for monetary consideration. This can be done through a formal agreement where the trade mark owner (licensor) allows another entity (licensee) to use the trade mark under specified conditions. Licensing can be exclusive (only the licensee has the right to use the trade mark, excluding the registered owner), sole (use granted to both the licensee and the trade mark owner) and/or non-exclusive (multiple

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