If you have registered a trademark, it will be possible for you to licence the rights to this trademark to a third party. In this situation, you are agreeing to the use of your trademark by a third party, subject to conditions to be stipulated by you in a licensing agreement.
You will retain the right to take action against the licensee when it acts contrary to the provisions of the licensing agreement, with regard to the term of the agreement, the form in which the trademark may be used as covered by the registration, the goods and/or services for which the licence has been granted, the territory in which the trademark may be used or the quality of the goods marketed by the licensee.
If you want to licence a trademark to a third party, it will be important for you to enter this licence in the trademark register. This is because the licence cannot be invoked against third parties if you do not do this. This means, for example, that if the owner of the trademark were to sell the trademark to a third party, or if this were to be done by a receiver in the event of liquidation, the licensee will not be able to derive any rights from the licence. However, he/she will be able to do so once the licence has been signed.
Licences may also be granted within your own organisation. For example, you can hold a trademark in your private name or in the name of your holding and grant a licence to your private limited company (BV) or operating company. Constructions of this nature can pay off in the future and offer you extra protection against the consequences of unexpected financial emergencies.