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Licensing and assignment are the two main ways a trademark earns its keep: licensing lets others use the mark for payment while you keep ownership, and assignment transfers ownership outright, often as part of a larger transaction. Both need to be recorded properly to have their full effect.

Recordals: linking the deal to the register

A licence recordal is a formal entry at the IP office that links a licensing agreement to the registration. It strengthens the licensee's ability to enforce and gives public notice of the arrangement. An assignment likewise needs to be recorded so the register reflects the new owner. Customs recordals are a related tool: recording your rights with customs authorities, by trademark and territory, so they can intercept counterfeit goods at the border.

Getting the agreement right first

The recordal only formalises what the agreement says, so the terms have to be sound first: scope, exclusivity, territory, quality control and term. Those structural choices are covered in our guide to structuring a licensing programme and the mechanics in licensing agreements.

How this fits the bigger picture

Transfer and licensing are part of our trademark licensing and trademark services. The agreements are drafted through our Contract Studio technology, and the registrations and recordals are kept current through our portfolio and renewals technology.

Frequently asked questions

What is a licence recordal?

A formal record at the IP office linking a licensing agreement to the trademark registration. It strengthens the licensee's enforcement rights and gives public notice of the arrangement.

What is the difference between licensing and assignment?

Licensing grants use while you keep ownership and earn over time. Assignment transfers ownership permanently, usually as part of a sale or restructuring.

key takeaways

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