No. A licence covers only what it expressly grants. The agreement should list the specific marks, logos, designs, characters, slogans and other materials licensed, and the products, channels and territory in which they may be used. Elements not listed, such as a sub-brand, a new logo or a related character, remain with the owner unless added later. Ambiguity often leads to disputes when a licensee expands into new products or online platforms. We draft precise brand licensing schedules and change procedures so both sides understand exactly what is covered and how new elements can be added.

Registration is strongly advisable. A registered trade mark under the Trademarks Act 2009 gives the owner clearer rights to license, enforce against infringers and prove ownership to banks, customs and courts. Licensing an unregistered mark is possible but relies on proof of use and reputation, which is harder to establish. Licensees should also check that registration covers the relevant classes. Recording the licence or the licensee's use with the registry can further strengthen the position. We conduct clearance searches, file applications and advise on recording brand licensing arrangements with the Department of Patents, Designs and Trademarks.

Not exactly. A brand licence grants permission to use intellectual property, usually on products the licensee makes or sources itself. A franchise typically also involves a business system, operating standards, training and ongoing support, while a distribution agreement involves buying and reselling the owner's own products. The categories overlap, and the label in the contract does not decide how tax authorities, banks or courts treat the arrangement. We review the commercial model and advise which structure fits best, since the choice affects royalties, remittance, tax treatment and the level of control the owner can exercise.

Royalties paid from Bangladesh to a foreign licensor must comply with foreign exchange regulations and tax withholding, and VAT may also apply to imported services. Banks will expect a valid agreement, invoices and supporting documents, and some arrangements may require registration or prior approval depending on the structure. Delays often arise when documents do not match what the bank needs. We draft brand licensing payment terms with these requirements in mind, include tax gross-up or allocation provisions, and coordinate with tax advisers so royalties can be remitted lawfully and on schedule.

At minimum, the licensor should approve product specifications, samples, packaging and marketing materials, and have rights to inspect factories, test products and require corrective action. The agreement should require compliance with Bangladesh product safety, labelling and certification requirements, including BSTI standards where applicable, and set a recall procedure. Approval timelines should be realistic so the licensee can plan production. We draft quality control provisions that are practical for both sides and that support the licensor's trade mark rights, because uncontrolled use can damage reputation and weaken the brand's legal protection. Good brand licensing practice also requires written records of approvals.

Only if the agreement allows it. Endorsers usually grant usage rights for a defined period, media and territory, and continued use afterwards may breach the contract and the endorser's rights. Some agreements allow archived social media posts to remain while prohibiting new promotion; others require removal of all content. The brand owner should track where content appears, including on retailer and distributor platforms. We draft clear post-term usage provisions in endorsement and brand licensing agreements and advise on disputes where content continues to be used without permission.

Options include civil proceedings for trade mark infringement and passing off, criminal complaints for counterfeiting offences, customs action against imported or exported infringing goods, consumer protection complaints and takedown requests to online marketplaces and social media platforms. Evidence gathering through test purchases and market surveys is often the first step. Licensees should be required to report counterfeits and cooperate with enforcement. We plan and run enforcement campaigns for brand owners and licensees, and coordinate with our dispute resolution team where litigation is needed. Licensees should also protect brand licensing value by reporting suspicious sellers quickly.

The agreement should set out the position. Common approaches include a short sell-off period during which the licensee may sell existing stock subject to continued quality and royalty obligations, a right for the licensor to buy back stock at cost, or destruction of remaining goods. Without clear terms, former licensees may continue selling branded products for long periods, causing confusion and disputes. We draft exit provisions covering stock, packaging, marketing materials, customer communications and removal of branding from premises and online channels, so termination is orderly and enforceable. Clear brand licensing exit terms protect both sides.