Trade mark practice and contracts

Sorting out ownership and use

Developing, financing or using a trade mark does not in itself make someone its registered proprietor. Before an application is filed, it should be clear which legal entity is to hold the right. Under Liechtenstein law, the assignment of a trade mark must be in writing; it only becomes effective against third parties acting in good faith upon entry in the register.¹

Structuring licences appropriately

Licences can be exclusive or non-exclusive and can be limited to certain goods, services or territories. When drafting the contract, particular attention should be paid to the scope of use, quality, sub-licensing, remuneration, evidence and the end of the contract. Use with the consent of the proprietor is generally regarded as the proprietor's own use.²

Managing the brand presence

A new logo, a changed product line or an additional sales channel can be a reason to review the portfolio. Design guidelines help to ensure consistent use. With agencies and distribution partners, trade mark rights and rights to the designs supplied should each be regulated separately.

Topics in this section

The articles deal with licence and assignment agreements, coexistence agreements, portfolio reviews and cooperation between legal and marketing teams. Further topics are trade marks in digital offerings and the handling of indications of source. The in-depth pages on use and searches support ongoing management.

Conclusion

Clear ownership and appropriate agreements make trade marks manageable within a company. Contractual provisions should be consistent with the register, actual use and business responsibilities.

Sources

1. Art. 17 of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

2. Art. 11(3) and Art. 19 MSchG.

Last updated: 13 September 2026