An EU trade mark may be licensed for some or all of the goods or services for which it is
registered and for the whole or part of the Union. A licence may be exclusive or
The proprietor of an EU trade mark may invoke the rights conferred by that trade mark
against a licensee who contravenes any provision in his licensing contract with regard to:
(a) its duration;
(b) the form covered by the registration in which the trade mark may be used;
(c) the scope of the goods or services for which the licence is granted;
(d) the territory in which the trade mark may be affixed; or
(e) the quality of the goods manufactured or of the services provided by the licensee.
Without prejudice to the provisions of the licensing contract, the licensee may bring
proceedings for infringement of an EU trade mark only if its proprietor consents thereto.
However, the holder of an exclusive licence may bring such proceedings if the proprietor
of the trade mark, after formal notice, does not himself bring infringement proceedings
within an appropriate period.
A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be
entitled to intervene in infringement proceedings brought by the proprietor of the EU trade
On request of one of the parties the grant or transfer of a licence in respect of an EU trade
mark shall be entered in the Register and published.
An entry in the Register effected pursuant to paragraph 5 shall be cancelled or modified at
the request of one of the parties.