A trademark license is an agreement between a trademark owner (the “licensor”) and another entity (the “licensee”) in which the licensor permits the licensee to use its trademark for commercial purposes. Normally, the license is granted through a formal written agreement with a detailed description of the scope plus terms and conditions of use. A typical trademark license will include:
- Details of licensor and the licensee
- Details of the trademark being licensed
- Scope and terms of usage of the licence including any territorial restrictions
- Quality standards to be followed and quality control measures
- Financial terms of the trademark license
- Exclusivity of the trademark license
In Singapore, any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered trademark. The licenser shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall ensure the quality of the goods in respect of which the registered trademark is used.
Singapore continues to require recordal of licence for notice purposes. However, failure to record a trademark license does not render the license unenforceable.
The recent amendment of trademark laws in Singapore provide for recordal of licenses relating to pending trademarks. Previously only licences relating to registered trademarks can be recorded with the Registrar. The Trade Marks (Amendment) Act 2007 came into effect on 2 July 2007. The amendments were made in order for Singapore to comply with its obligations under the Singapore Treaty on the Law of Trademarks administered by the World Intellectual Property Office (WIPO).
Registration of trademarks and trademark licences are governed by the Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law.
The application may be sent to the Registry of Trade Marks by hand, mailed to the address below or filed online using eTradeMarks.
Address:
Registrar of Trade Marks
Intellectual Property Office of Singapore
51 Bras Basah Road, #04-01
Plaza By The Park, Singapore 189554
Registry's operating hours :
Monday to Friday: 8:30am to 12:30pm,
1:30pm to 5:30pm
Saturday : 8:30am to 1:00pm
Customer Enquiry Hotline : (65) 6339 8616
Email : Ipos_enquiry@ipos.gov.sg