Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

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Trademarks

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9.

Licensing

9.1

Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?

Australia

Rigby Cooke Lawyers

Answer ... Yes, the licensor must actually exercise control over the licensee for a trademark licence to be valid.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers

9.2

Must trademark licences be recorded with the trademark office or other governing body?

Australia

Rigby Cooke Lawyers

Answer ... No.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers

9.3

Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?

Australia

Rigby Cooke Lawyers

Answer ... Yes - if the licensor does not actually exercise control over the licensee and is not itself using the trademark, then use by the licensee may be insufficient to qualify as use by the licensor and the registration may therefore be susceptible to removal for non-use, where such non-use has continued for three years.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers

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Contributors

Topic

Trademarks

Brendan Hughes

Cooley LLP

Contributing Editor

Article Author(s)

Ian Rosenfeld

Rigby Cooke Lawyers

Australia