It is advisable to register the licensee in the Benelux trademark register. Only then can a licensee directly claim compensation or profit disgorgement in a legal dispute. An additional benefit of registration is that the licensor cannot unilaterally cancel the registration. A request for cancellation of the license must be signed by both parties. Registering the license also binds the parties more closely, which can be an advantage for the licensee.
In many countries outside the Benelux (such as Eastern European and Latin American countries), the user of the trademark must be the same as the registered owner. If this is not the case and the trademark has been registered for more than five years, it may sometimes be canceled due to lack of legitimate use by the registered owner . Registering a licensee in the trademark register is then the only way to maintain full rights.
