Competing interests
The precise wording of a letter of consent should be carefully considered.
Company requesting letter of consent (requestor) wants: |
Company providing letter of consent (provider) wants: |
Broad consent to all goods/services covered in the requestor’s application | To limit the consent only to those goods/services specifically needed by the requestor |
Worldwide consent | Australia (and/or New Zealand) consent only |
No commitment (silent on issue) | Commitment that the requestor will never use or seek to register the applied-for trade mark in respect of the provider’s own core company products (worldwide) |
No commitment (silent on issue) | No challenge, ever, to its use or registration of the provider’s own trademark(s) (worldwide) |
No commitment (silent on issue) or to offer to pay a fixed amount to cover the provider’s legal costs | Legal costs covered, in full, by the requestor |
Consent to registration of a word mark in standard characters, and to logo version(s) | To limit consent only to the mark as applied for |
Consent to registration of future versions of the logo | No commitment (silent on issue) as they cannot know what future versions will be |
Consent to use with additional descriptive text and graphical embellishments | No commitment (silent on issue) |
For both sides, costs increase if negotiation is required – it is less expensive to foresee and meet likely requirements of the other side in the first instance |
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