Verlust von Markenrechten durch fehlende Lizenzkontrolle

Definition

Australian trade mark licensing law requires that the owner of a registered trade mark maintains control over the use of the mark by licensees; otherwise, the registration can be attacked and removed for non‑use or lack of control, a concept often called a 'naked licence'.[3] If brand asset and licensing processes are manual (email approval of artwork, scattered Dropbox/Drive assets, no central record of licensee usage, inconsistent quality checks), the owner may be unable to prove genuine, controlled use in non‑use proceedings. Loss or removal of a registration can destroy the ability to enforce against infringers and to charge future licence fees, and may require an expensive rebrand. Brand licensing guides highlight the need for quality control and clear agreements to avoid these pitfalls, including specific clauses on scope, territory, quality standards, and monitoring.[3][2] LOGIC: In the Australian market, a registered trade mark in a commercialised category (e.g. FMCG, fashion, sports merchandising) commonly underpins at least AUD 50,000–100,000 per year in direct or indirect value (royalties, margin protection, enforcement leverage). Losing rights prematurely (e.g. 5–10 years early through removal or successful challenge) therefore destroys AUD 250,000–1,000,000 in economic value over the effective life of the brand, plus legal costs to re‑file, defend, and potentially rebrand.

Why This Matters

The Pitch: Marketing services and brand owners in Australia 🇦🇺 risk losing licensed brand exclusivity worth AUD 50,000–500,000+ per mark over 10 years when they fail to control and evidence licensed use. Automation of brand asset management, usage approvals and audit trails reduces this risk and protects licensing revenue.

Affected Stakeholders

Brand Owner / CMO, Head of Licensing, General Counsel / IP Counsel, Marketing Agency Account Director, Licensing Manager

Related Business Risks