Though recordal of permitted use is voluntary, it is advisable that the Registered User Agreement/ License Agreement be registered with the Registrar of Trade Marks. The application for recordal of the said license agreement should be made within six months from the date of such agreement.
For registering a person as a registered user/ licensee of a trade mark, the registered proprietor/ licensor and the registered user/ licensee shall jointly apply in writing to the Registrar on FORM TM- 28, alongwith—
- An agreement in writing or a duly authenticated copy of it, entered into between the registered proprietor/ licensor and the proposed registered user/ licensee with respect to the permitted use of the said trade mark; and
- An affidavit made by the registered proprietor/ licensor;
- A Power of Attorney signed in favour of agents, if any
- Such further documents or other evidence as may be required by the Registrar or as may be prescribed.
Once the Registrar is satisfied with the aforesaid application and the entailed particulars, he registers the proposed registered user/ licensee in respect of the goods or services as to which he is satisfied.