Answer ... A licence agreement may be written or unwritten. In both cases, however, the licensor must retain some control over quality: the owner must have, under the licence, direct or indirect control over the character or quality of the goods or services.
Where a written licence agreement expressly provides the licensor with rights of inspection and control over quality, courts will typically presume that the licence is valid without evidence of the licensor exercising such rights, unless there is clear evidence to the contrary. If the licence is unwritten, courts are more likely to require evidence of inspections and/or actual control.
Providing public notice of a licence to consumers is purely voluntary. However, if the user provides public notice that the mark is licensed and gives the identity of the mark’s owner, a rebuttable presumption arises that the owner controls the character or quality of the goods and services.
Answer ... It is possible to record a licence for a registered mark, but it is not necessary to do so.
Answer ... Yes. A licensor may lose its rights in a trademark by failing to maintain control over the character or quality of the licensee’s goods and services.