Advantages and disadvantages of assigning a trade mark.

Advantages

• If you assign your trade mark you may receive a one off lump sum to get back the cost of registration.  You may also be able to negotiate a price for your mark, with the other party.
• An assignment of trade mark can release you from the ongoing responsibility on the ongoing management and enforcement of the trade mark.  There is also no ongoing responsibility.

Disadvantages

• As you are selling your trade mark you will relinquish all control over it.
• It can be difficult to value your trade mark and you may lose out to licensing in the long term.

Advantages and disadvantages of licensing a trade mark.

Advantages

• You may be able to retain control over your trade mark and how it is used
• You may be able to obtain ongoing royalty payments.
• It may be possible to maximise exploitation in terms of territory, goods or services covered and volume of sales

Disadvantages

• If an agreement between the licensor and licensee broke down, the ex-licensee may become a competitor and seek to challenge the validity of the trade mark.
• There will be continuing obligations with the licence of a trade mark.  This includes the need to enforce rights on behalf of the licensees for example enforcing trade mark infringement.