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Vibha Nath (A)     31 August 2011

Trademark license

Dear all,

I came across a very interesting situation and it would be nice if the experts throw some light on this:

Can a Trademark License agremeent be brought into effect from a back date? How will the registration under with the TM Registrar be done in such a case?

Thanks.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 August 2011

It cannot be done by back date.

SURESH KUMAR PATRA (ADVOCATE MEDIATOR & TAX CONSULTANT)     31 August 2011

It cannot be brought into effect from a back date.

Rajesh Hazra (Mediator Mediation Counsel)     01 September 2011

Rightly said, this is not possible.
 

Vibha Nath (A)     01 September 2011

Thank you all!! But can somebody give me the reason for this?

Rajesh Hazra (Mediator Mediation Counsel)     01 September 2011

You can prepare a confirmatory license with the current date having reference with the earlier license executed.

Vibha Nath (A)     01 September 2011

But there was no license executed earlier you see. That is why the agreement is sought to be executed to give retrospective effect.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     02 September 2011

Dear Vibha Nath,

Every License has prospective effect and there is no retrospective effect. if there is earlier license and/or usage of long time then you can claim retrospective effect otherwise not.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

Shastri J.K. (Practice in The High Court of Chhattisgarh)     05 September 2011

Iagree with mr.adv.rajeev(rajoo)

Nagaraja B S (Corporate Commercial & IP Lawyer)     05 September 2011


Dear User,

It is not possible to assign a trademark for a back date.

Feel free to contact me, if you need further details.

Thanks
Nagaraj
IP & Business Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
Mob: 9902007635 / 34

JIMINKUMAR (PROPRIETOR)     26 March 2012

Dear Sir,

 

If it can't be done with retrospective effect, what can be the remedy?

 

Further, Can I have a draft agreement with director ( Licensor) and the company ( Licensee) where royalty is only the token money with reason that director is going to benefited from the company?

 

I need such draft agreement.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     30 March 2012

Dear Jiminkumar,

You query is not clear, what you want to do.

whether you want NON Disclosure Agreement / Trademark?.

Apply for Trademark you will get it prospectively but you have to mention you usage from the previous years from which you are using. after recieving the Registration you can civil suit for Injunction for infringement and passing off against illegal users?.

Regards

 

Rajiv Bhasin

Advocate

Bhasin & Associates

9868635640 / 9811210505.


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