3.4 Exercise of Trademark: Assignment v. Licensing

(The syllabus's heading prints "Exercise of Trademark" within the design unit — the exercise machinery common to marks-and-designs, answered here for both.) Assignment = the ownership's outright transfer (the sale of the right itself): the whole-or-partial assignment (the territorial-and-class divisions possible); the with-or-without-goodwill faces (the mark's assignment with the business vs the naked assignment's risks — the deceptive-assignment bars); the recordal's duty (the register's entry — the public's notice and the successor's enforceability). Licensing = the use's permission with the ownership retained: the exclusive-vs-non-exclusive licences; the quality-control faces (the licensed use's discipline — the mark's reputation guard); the royalties' economics; the registered-user/recordal disciplines where the statute demands. The exam's contrast line: the assignment is the right's sale (the owner exits); the licence is the right's lease (the owner collects) — the landlord-and-tenant analogy the examiners love.