If another business uses your trade mark, including a company within your own group, the licensing arrangements deserve attention before a dispute arises.
A written licence and an application to record it at the UKIPO serve different purposes. The agreement sets out the permitted use; recordal can affect the statutory protections available when infringement occurs.
Why recordal matters
The Court of Appeal’s decision in Lifestyle Equities v Frasers Group [2026] EWCA Civ 583 highlights the importance of applying to record a licence where a proprietor seeks to recover losses suffered by a licensee. It is not enough to assume that bringing the claim in the owner’s name avoids the issue.
The distinction between applying for recordal and completed registration matters. The timing of an application, the losses claimed and applicable limitation periods all require assessment. An unrecorded licence does not, by itself, mean that the underlying trade mark registration automatically becomes invalid.
Check who owns and uses the brand
Ownership may sit with one company while an operating company, distributor or other business uses the mark. Review the actual arrangements and the rights involved rather than relying solely on an informal understanding.
- Confirm the registered proprietor and the identity of each permitted user.
- Review the written terms, relevant marks, goods and services, territories and duration.
- Check whether the licence and any relevant sub-licences have been recorded.
- Keep records of use and identify which business suffers any loss.
- Review the arrangements when ownership or commercial relationships change.
Put the arrangements in order
MW Trade Marks can assist with drafting and recording trade mark licences, and with reviewing existing arrangements as part of your portfolio management. If infringement is already suspected, seek disputes advice promptly so that rights, evidence and deadlines can be assessed together.
Contact us about trade mark licensing and recordal.
Prepared 26 September 2026. References: UKIPO licensing guidance; Lifestyle Equities v Frasers Group [2026] EWCA Civ 583. General information; individual arrangements require advice.