Trademark license agreements

Trademark license agreement is an agreement which licensor, under the provisions of the agreement, agrees and undertakes to grant the authorization to use the trademark to the licensee and in correspond licencee agrees and undertakes to pay the license price. Trademark license agreement establishes a permanent relationship between the parties as the obligations of the parties spread throughout time. Since the agreement focuses on the assignment to use the trademark, but not the assignment of the trademark itself, it is accepted that the nature of the contract is a commitment transaction.A registered or an unregistered trademark or an application for registration of a trademark may be subject to the trademark license agreement. The legal regulations in force today envisages that a registered trademark may be subject to license and includes miscellaneous provisions thereto. However, the trademark lisence agreement is not regulated as a whole in the legal regulations. The nature of license right and trademark licence agreement were discussed in the doctrine, but no consensus could be achieved.Trademark license agreement is an anonymous agreement with its own structure. The prevailing opinion in doctrine evaluates the licence right as a relative right. The trademark license agreement is a contractual relation between the parties which generates rights and liabilities with a relative character, not creating any effect against the third parties, not granting licensee the opportunity to utilize from the protection provided by the right arising from the trademark but giving the opportunity to put forward against anyone who violates the right to the extent prescribed by the law.The master thesis focuses on the structure of the trademark licence agreement and its layout in contact law by displaying its definion, elements, types, form and registration, legal nature and relation with the similar agreements.