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What to Know About The Madrid Agreement

The Madrid Agreement Overview


Trademark Registration Licenses

Trademark licenses are used to provide for rights for an interested party in using a particular trademark to distribute, sell, or trade the products, services, or goods associated with that particular mark. A license is generally drafted by the owner of the mark and the interested parties or factions, which essentially acts as a contract. The contract will often contain information such as the owner of the mark, the names and locations of the licensees, the extensions or limitations for use of the mark, as well as any royalties that may be implemented.

The trademark license is not necessary to be filed or recorded by the International Bureau, but it is strongly recommended so as to provide for a physical record approved by the governing administration of trademark laws. Trademark licenses will often be drafted in the creation of franchises, such as Subway or McDonald's, where the actual store is owned privately, but the owner has a license to use the trademark and its associated products, paying royalties to the owner or corporation with exclusively ownership rights to that mark.

The International Bureau and WIPO are the organizations responsible for the international registration of trademarks. The administrative tasks, as well as the record keeping of international trademarks are the core responsibility delegated to the International Bureau.

However, they are also responsible in making such records available for public view, so as to make the knowledge of international trademarks available to all that may be interested or have a direct stake in international trademarks, such as owners and relevant contracting parties and affiliates. The International Bureau provides for the Gazette, an publication that contains the annual updates regarding international trademarks, such as newly registered trademarks, renewals cancellations provisional refusal.

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