Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

Ownership is acquired by means of registration. However, use of unregistered trademarks may result in certain rights for the user.

Trademarks may be subject to joint ownership. The Trademark Law and the Civil and Commercial Code provide the rules applicable to these joint ownership relationships.

Trademark licenses are possible. They are valid even if they are not registered with the trademark office.

A trademark registration grants exclusive rights in the trademark to use, license or sell the trademark within Australia for the goods and services for which it is registered. This means the owner of a registered trademark may prevent others from using the mark or a deceptively similar mark in relation to the same or similar goods or services.

Licenses concerning registered trademarks do not need to be recorded to be effective, and there is no specific provision allowing recordal on the Trade Marks Office Register. However, it is important for trademark owners to be able to demonstrate that they are exercising financial and/or quality control over the use of their trademarks in any licensing arrangement to ensure that it does not become vulnerable to removal for non-use.

The owner of a registered trademark may assign the registered trademark to another person. The assignment may be partial so that it applies to only some of the goods and/or services in respect of which the trademark is registered. However, the assignment may not be partial in relation to the use of a trademark in a geographical area. Further, the assignment may be with or without the goodwill of the business concerned in the relevant goods and/or services.

With respect to unregistered trademarks, although capable of being assigned or licensed, the Full Court of the Federal Court of Australia reconfirmed in April 2020 that it is not possible to assign or license unregistered trademarks without the assignment of the underlying goodwill of the business.

Trademark owners may grant licenses. A license may, but does not need to, be recorded in the trademark register.

The exclusive rights conferred by a trademark are acquired by virtue of registration to the registration holder. Thus, no protection to trademark owners is guaranteed without registration, unless such unregistered trademarks are well known. There are no specific provisions in Belgian law with respect to co-ownership of trademarks.

Independent of the transfer of all or part of a business, a trademark may be transferred with respect to all or some of the goods or services for which the trademark was filed or registered. A trademark may also be the subject of a license for all or some of the goods or services in respect of which the trademark was filed or registered.

Ownership of a trademark is obtained when its registration is validly granted. The owner has the exclusive right to use the trademark in Brazil and internationally, as of the accession of Brazil to the Madrid Protocol, and to assign the rights of the trademark or license its use.

Trademark registrations or applications may be assigned or licensed provided the assignee fulfills the legal requirements to be the owner of the registration or application.

This nation requires recordation of license agreements for them to be effective against 3rd parties. Also, the recordation has always been required to (i) authorize remittance of payments of royalties abroad, observing the applicable laws and regulations on taxation and foreign exchange; and (ii) permit tax deduction by the licensee of amounts paid in royalties, as per applicable tax laws and regulations. However, Federal Law No. 14,596 of June 14, 2023, which introduced the new transfer pricing rules, with effect on January 1, 2024, put an end to the current deductibility limits for passive royalties and the need to register contracts with the Brazilian Patent and Trademark Office (Brazilian PTO) for tax deductibility purposes. Furthermore, Central Bank BCB Resolution No. 278 of December 31, 2022, which regulates Law No. 14,286 of December 29, 2021, abolished the need to register royalty contracts with BACEN (and, consequently, with the Brazilian PTO) for the remittance of royalties abroad. As a result, recordation is no longer mandatory for tax or foreign‑exchange purposes and now only serves to ensure enforceability of the license agreement against 3rd parties. 

Trademarks, whether registered or unregistered, can be assigned or licensed. There is no requirement for licenses to be registered.

Owners granting licenses to trademarks must include appropriate quality control language in order to preserve the distinctiveness of the mark and avoid its possible loss. If trademark use is licensed, and public notice is given of the license and of the identity of the trademark owner, then the Trademarks Act provides a rebuttable presumption that the trademark owner has control over the character and quality of the goods or services to which the trademark attaches.

The law does not provide for specific rules on the granting of a license for trademarks. However, the exclusive right of the holder to use and monetize their product includes the right to license these rights.

A trademark license agreement must be recorded with the China National Intellectual Property Administration. There are some clauses that must be included in trademark licenses, such as those in respect of quality control and indication of licensee's name and the place of origin.

The rights of exclusive use of the trademarks come into existence upon registration before the Superintendence of Industry and Commerce. However, the assignment and license of a trademark that is pending registration is possible in Colombia.

The owner of a trademark that is duly registered (or the owner of a trademark that is pending registration) may transfer the rights over such trademark or grant a license over the same. Transfers and licenses must be in writing. Furthermore, for a transfer or exclusive license to be enforceable, it must be registered before the Superintendence of Industry and Commerce.

Joint ownership is permissible; license cannot be granted by one joint owner without consent of the other joint owner(s). The relationship between the co-owners can be amended by an agreement.

The trademark right belongs to that person or company who applied for the trademark or obtained the trademark through use.

Owners may grant an exclusive or non-exclusive license to a registered mark for some or all the goods or services for which it is registered and for the whole country or parts of it.

On request from the trademark owner or the licensee, licenses may be registered in the Danish trademark registry or in the European Union Intellectual Property Office EUIPO's register over EUTMs. However, registration of licenses regarding Danish trademarks is not compulsory and does not affect their validity (registration is necessary in relation to EUTMs).

Any natural or legal person can register a trademark. The registration owner has the exclusive right to use, transfer or license the trademark.

A trademark owner is free to transfer or license any and all of its rights under the trademark to a 3rd party.

Joint ownership is possible.

A trademark may be used as a security (eg, mortgage).

Ownership can be transferred by contractual agreement. Joint ownership is possible. A transfer of ownership does generally not affect licenses that were granted before the transfer.

Licenses may be granted on an exclusive or a non-exclusive basis as well as to multiple parties. In joint ownership situations, licenses may generally only be granted with the consent of the other co-owners. Licenses may be granted for a certain part of the registered goods or services or, in case of Union Trademarks, parts of the protected territory only. Licenses do not have to be registered.

Joint ownership is permissible. Subject to agreement to the contrary, each co-owner is entitled to an equal, undivided share in the trademark and is entitled to exploit the trademark for their own benefit. A license can only be granted with the consent of all co-owners. A license, which may be general or limited, is not effective unless it is in writing and is signed by or on behalf of the grantor.

Any and all legal or natural persons are entitled to obtain trademark protection irrespective of whether they carry out business activity. It is also possible to obtain trademark protection jointly.

In case more persons apply for the application of a trademark jointly, the trademark protection belongs to them – unless otherwise indicated – in equal proportions.

In case more persons are entitled to a trademark, they are entitled to dispose over their portion individually. Co-owners are entitled to pre-emption rights regarding the portion of another party towards third persons.

A registered trademark may be assigned or transferred, with or without the goodwill of the business concerned, and, in respect, either of some or all the goods or services with regard to which the trademark is registered.

Associated trademarks may only be assigned or transmitted as a whole.

Trademark law acknowledges the priority right as long the applicant has filled the trademark application in the country which is a member of Paris Convention for the Protection of Industrial Property or Agreement Establishing the World Trade Organization. The holder of the trademark may grant a license permitting a 3rd party to use the mark under a license agreement. The law stipulates that all licenses granted by the holder of the trademark must be recorded in the General Register of Marks and published in the Official Gazette of Marks.

A trademark license agreement must be duly recorded, and the application for recording can be made electronically or in paper format. Recording is valid for a duration of 5 years and can be renewed. Minister Regulation No. 8 requires a copy of the trademark license agreement, copy of the trademark registration certificate, original power of attorney and proof of payment to be submitted. The applicant is also required to provide a statement letter stating that the object of the license agreement is still valid, shall not cause any losses to the national economy, shall not inhibit the development of technology and is not in conflict with the laws and regulations, morality and public order.

Joint ownership of trademarks is permitted. It is possible to license trademarks on either an exclusive or non-exclusive basis.

There are some recordal requirements in relation to assignments, licenses and certain other instruments affecting registered trademarks under Irish trademark law.

The ownership of a trademark is determined by the identity of the registrant with the Israeli Trademarks Office. For unregistered trademarks, ownership would need to be proved.

For a license to be binding, it must be recorded with the Israeli Trademarks Office. Sub-licenses are not mentioned in the Trade Marks Ordinance [New Version] 1972, but the Israeli Trademarks Office has indicated that sub-licenses can also be registered.

Anyone, being a natural person or a legal entity, who uses or proposes to use a trademark for products and services, can obtain the registration of a trademark (non-use of the trademark within 5 years from the date of registration can cause the trademark to lapse).

The trademark can be transferred without the company or without a branch thereof, provided that no deception is caused to the consumer; trademarks can be the object of a license (including non-exclusive licenses) for all or part of the products or services for which it was registered.

Exclusive and non-exclusive licenses and transfers of trademark are recognized.

Joint ownership is permissible. Exclusive or non-exclusive licensing of the trademark, transferring or establishing pledge on the share of the trademark requires consent from all joint owners of the trademark.

The exclusive rights encompassed by a trademark are obtained by registration. An application for registration may be filed by anyone (eg, private persons, public authorities or companies) and does not need to be filed by the enterprise that will commercialize the trademark.

No protection to trademark owners is guaranteed without registration unless such unregistered trademarks are well known.

No specific provisions are foreseen in Luxembourg law with respect to co-ownership of trademarks.

Independently of the transfer or all or part of a business, a trademark may be transferred for all of some of the goods or services for which the trademark was filed or registered. A trademark may also be the object of a license for all or some of the goods or services for which the trademark was filed or registered.

In order to establish ownership of  the title, registration of the trademark is required before the IMPI.

Trademark registrations and registrations in process may be encumbered, transmitted or licensed pursuant to commercial general provisions. Registration of the agreement is required before the IMPI to perfect encumbrance, transmission or license.

The exclusive rights conferred by a trademark are acquired by virtue of registration to the registration holder. Thus, no protection to trademark owners is guaranteed without registration, unless such unregistered trademarks are well known to the public. However, if the owner of an unregistered trademark is confronted with the registration by a 3rd party of a similar sign for similar goods or services, they can apply for the revocation of the registration on grounds of bad faith if the applicant had knowledge of the previous use.

No specific provisions are in the laws of the Netherlands with respect to co-ownership of trademarks. However, it is generally understood that the exercise of the right of co-ownership of trademarks is governed by the rules regarding community, which is regulated in the Dutch Civil Code.

Independently of the transfer of all or part of a business, a trademark may be transferred in respect of all or some of the goods or services for which the trademark was filed or registered. A trademark may also be the subject of a license for all or some of the goods or services in respect of which the trademark was filed or registered as well as for a specific territory. To be valid against 3rd parties, the license must be recorded in the register. However, if a license has been recorded, registration of the trademark may be surrendered only at the joint request of the holder of the trademark and the licensee. The same applies for cancellation of the license in the register.

Trade mark owners can assign or license their trade mark rights. It is advisable to include appropriate quality control language when licensing a trade mark in order to avoid dilution (or loss) of the mark and to preserve the mark's reputation, although licenses are not required to be written.

A registered trademark is assignable and transmissible either in connection with the goodwill of a business or not.

Any natural or legal person can apply for and own a trademark or obtain a trademark through use.

The owner of the trademark has the exclusive right to use, transfer or license the trademark.

In order to perfect the title, registration of the trademark is required before the National Trademark Office.
 
Trademark registrations and registrations in process may be transmitted or licensed. Registration of the transfer agreement is required before the National Trademark Office to perfect transmission; nevertheless, registration of licenses is not necessary.

Owners granting licenses to trademarks must include appropriate quality control language in order to preserve and avoid dilution (or loss) of the mark.

Any license contract concerning the registration of a mark, or an application for registration, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used. If the license contract does not provide for such quality control, or if such quality control is not effectively carried out, the license contract shall not be valid.

The IPC further requires the recordal of a license contract (in the Intellectual Property Office of the Philippines). A license contract shall have no effect against third parties until such recording is completed.

Under Polish law, there are 3 types of joint trademark ownership:

• Simple joint ownership by several commercial entities (such use must not create confusion for the public)
• A collective trademark (registered in the name of an organization and its affiliated companies)
• Certification trademark (registered in the name of organization that may grant the right to trademark use to entities that meet established requirements)

For all types of trademark ownership, the rules of trademark use should be filed with the trademark application.

A trademark owner may transfer or license the ownership rights. This must be done in writing otherwise it will be null and void.

Licenses may be granted on an exclusive and non-exclusive basis. However, only the holder of an exclusive license (which has to be recorded in the trademark register- this applies in the case of Polish trademarks) may pursue claims for the infringement of the trademark, unless the license agreement provides otherwise. A licensee may grant a further license only upon the consent of the licensor (further sublicensing is prohibited). A license that does not limit the scope of trademark use is regarded as a license granting full rights as exercised by the trademark owner.

Trademarks can be transferred in writing, wholly or partially, whether for financial reward or not.

Trademarks may also be licensed in writing, wholly or partially, whether for financial reward or not, on an exclusive or non-exclusive basis.

Transfer of ownership and licenses must be recorded in the Portuguese Institute of Industrial Property to be effective against 3rd parties.

Owners may grant licenses to 3rd parties, but there are no statutory requirements regarding specific clauses referring to appropriate quality-control language in order to preserve and avoid dilution, or loss, of the mark.

A trademark can be transferred to a third party (legal entity or individual entrepreneur) by way of trademark assignment. A trademark can be the object of a license, including non-exclusive licenses, for all or part of the goods or services for which it was registered. The transfer of rights under both trademark assignment and licenses must be registered with the Rospatent.

A trademark may be sold or licensed to a third party by the registered owner, in accordance with the requirements of the GCC Trademark Law.

The owner of a trade mark may authorize others to use their trade mark by way of license or assignment. The licensing or assignment may be granted for all or only some of the goods or services covered by trade mark registration or application.

The owner is a legal or natural person registered in the trademark register of the Industrial Property Office. The joint ownership of a trademark is allowed and governed by the Civil Code and the Act on Trademarks.

The trademark owner has the exclusive right to use the trademark in connection with the goods or services for which it is registered. The owner is entitled to use the sign ® together with the trademark. The owner may grant another person a license to their trademark. A license shall have legal effects towards 3rd parties upon registration in the register of the Industrial Property Office.

Joint ownership of trademarks is recognized. Both exclusive and non-exclusive licenses are available.

The registration of a trademark confers on its owner the exclusive right to use it in economic transactions.

Both an application and a trademark may be licensed for all or some of the goods and services for which the trademark is registered and for all or part of Spanish territory. The licenses may be exclusive or non-exclusive.

Any natural or legal person can apply for and own a trademark.

The owner has the exclusive right to use or permit others to use the trademark.

Licenses may be registered in the Swedish trademark registry or in the European trademark office EUIPO's register over European Union trademarks. However, registration of licenses is not compulsory and does not affect their validity.

Co-ownership as well as collective trademarks are possible (marks for collective associations). Licenses for collective marks must be registered.

License may be granted by the trademark owner for all or some of the designated goods or services or for a particular territory.

In case of joint ownership of a trademark, any single owner is not entitled to assign, license or pledge their own share of such trademark without the unanimous consent of all joint owners. If a joint owner of the trademark abandons their share, the abandoned share shall be allocated to the other joint owners according to the percentage of their respective shares within the joint ownership.

The exclusive rights with respect to a trademark may be subject to joint ownership. Relations between co-owners are regulated by an agreement between them. When there is no such agreement, each co-owner may use the trademark at its own discretion, however, all co-owners must consent to the grant of the license to the co-owned trademark.

The rights holders may grant or assign their rights to other parties through a license or an assignment agreement, which should be in writing.

The assignment of patent rights is subject to a mandatory registration with the Ukrainian IP Office.

The UAE operates a mono-class system which means that a separate application must be filed for each trademark in each class of goods or services. The UAE follows the 10th Edition of the Nice Classification of Goods and Services. Applications for Class 33 are not accepted.

As a contracting party of the Paris Convention, the UAE is bound to follow the minimum standards that it sets. As such, in the UAE, a trademark owner has the right to claim priority from an earlier filed application. The priority period is six months from the filing date of the first application.

Article 17 Trademark Law grants trademark owners a higher level of protection of their rights when the following conditions have been satisfied:

• The owner has used the mark continuously for no less than five years from the date of registration
• No decision has been issued in which it is decided that the registered owner is not the owner of the mark

The protection that is granted is that no dispute may be raised against the ownership of the mark.

The court can make an order for the cancellation of a mark for non-use. The party/ies must prove that the mark has not been used for five consecutive years. Use of the trademark by a licensee is deemed to be “use” for the purposes of disproving a non-use claim.

Trademarks may be licensed in the UAE and any user of the trademark should be recorded as such at the Ministry of Economy. For recordal purposes, licenses must be made pursuant to a written and legalized contract. This means that the contract must be witnessed by a notary public. If the contract is made in the UAE it must be witnessed by a UAE notary. Licenses exercised outside of the UAE must be legalized up to the UAE embassy in that country and then stamped by the Ministry of Foreign Affairs in the UAE. If the license is not in Arabic it must be translated either by a UAE licensed translator or a foreign translator and legalized up to the UAE embassy before it can be used for official purpose in the UAE.

The term of the license must not exceed the term of the registration. All licenses are non-exclusive unless expressed to be otherwise.

The UK registry (UKIPO) has a first-to-file system, though the registration may be refused or revoked if it conflicts with prior rights including unregistered rights.

There are certain advantages to be obtained from registering assignments (or assignations in Scotland) and licenses (eg, binding 3rd-party acquirers of the mark), but there is no strict requirement to do so.

When granting licenses, it is generally advisable to include quality control provisions to preserve the mark's reputation and distinctiveness, and controls on sublicensing.

Owners granting licenses to trademarks must include appropriate quality control language in order to preserve and avoid dilution – or loss – of the mark.