Licensing lets someone else use your brand while you keep it. It is how franchises, distribution networks, merchandising deals and group companies operate a single mark across multiple entities. Done properly it generates royalty and extends reach. Done carelessly it dilutes the mark and, in the worst case, hands an opponent an argument that the mark has ceased to distinguish your goods.
Starting at
₹9,999 onwards
TM licensing
Franchisors, distributors, group companies, merchandising
Timeline
Drafting and TM-U filing
Section 48 provides for a person other than the registered proprietor to be registered as a registered user of a trademark in relation to all or any of the goods or services for which it is registered. Section 49 sets out how: the proprietor and the proposed registered user apply jointly in Form TM-U, supported by the agreement in writing (or a duly authenticated copy) and an affidavit by the proprietor stating the degree of control over the permitted use, whether the user is sole or one of several, the goods or services covered, any conditions or restrictions, and whether the permitted use is for a stated period.
TL;DR
Registration as a registered user is not compulsory - unregistered licences are recognised as 'permitted use' where the use is with the proprietor's consent under a written agreement. But registering gives you a recorded, provable position, which matters when a rectification petition alleges the mark has not been used by the proprietor.
Registered user
A person other than the proprietor entered on the register as entitled to use the mark, under Sections 48 and 49.
Permitted use
Use by a licensee with the proprietor's consent under a written agreement, recognised even without registration as a registered user.
Bare licensing
A licence with no quality control. It is what leads to the argument that the mark no longer indicates a single trade source.
Form TM-U
The joint application by proprietor and proposed registered user. ₹4,500 e-filing, ₹5,000 physical.
Three different things that are routinely confused.
Four commercial terms carry the weight, and the Registry expects them.
Beyond the four core terms, these decide how the licence behaves in practice.
01
Scope, exclusivity, territory, term and royalty settled before drafting, because these determine the affidavit the proprietor will have to swear.
02
With a quality control clause the proprietor can actually exercise, not a nominal one. Bare licensing is what creates the dilution argument.
03
Stating the degree of control, whether the user is sole or one of several, the goods or services covered, conditions and restrictions, and whether the use is for a stated period.
04
Joint application by the proprietor and the proposed registered user, with the agreement or a duly authenticated copy.
Upload via our secure portal. We pre-check every scan before filing - cuts portal rejections by ~90%.
Still unsure if TM licensing is right for your case? Book a free 20-minute consult - a senior CA / CS will walk you through your specifics.
Still have questions?
Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.
Talk to a partner →A senior CA / CS will get on a call with you, confirm scope and start the work - usually within 24 hours.
