Answer ... Yes. When filing an application to record a trademark licence, the licensor must provide information about the commercial relationship between the licensor and licensee, including the degree of control by the licensor of the use of the trademark. In addition, the registrar may request conditions and limitations as he considers fit.

Answer ... Yes. A trademark licence will not be valid against third parties unless it has been properly recorded on the Trademarks Register.

If a trademark licence is not recorded, this may have serious implications, including leaving the trademark registration vulnerable to cancellation on the grounds of non-use – for example, where the mark is not used by the registrant and is used only by the non-registered licensee.

Answer ... Perhaps. If, as a result of the licensor’s failure to maintain quality control, the licensee uses the trademark in a way that does not accord with the registration, the registration may become vulnerable to cancellation on the grounds of non-use. This will be considered on a case-by-case basis.