What is a trademark licensing agreement?

What is a trademark licensing agreement?

A trademark license agreement allows the licensee to use (but not own) the licensor’s trademark in connection with agreed-on products or services. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation.

What is an example of a licensing agreement?

An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.

How do you write a licensing agreement?

The steps for making a license agreement are as follows:

1. Download a template for a licensing agreement.
2. Choose your role as the licensor or licensee.
3. Define the license(s) in the agreement.
4. Decide whether the license is exclusive or not.
5. Settle the matter of fees and payment schedule.
6. Add a renewal date and rules.

What is the difference between a license and a trademark?

A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn’t own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.

Why is trademark licensing important?

Licensing of Trade mark is important, as the market is always in need of reputed/recognized trademark, the usages of such trademark must be fulfilled by obtaining rights to use the trademark by way of licensing, or otherwise persons may be forced to ‘pass-off’ their goods/services under similar marks or even pirate a …

Can an unregistered trademark be licensed?

It is permissible to license an unregistered Trade mark. Permitted use without recordal of Registered User is permissible under the Trade Marks Act 1999, which came into force on September 15, 2003.

What are three types of licensing agreements?

Generally, there are three types of licensing agreements: exclusive, sole, or non-exclusive. In an exclusive license, the licensee is only the party that can use the licensed intellectual property.

What is a disadvantage of licensing?

Disadvantages to the licensor include:

The licensor having loss of control of their intellectual property. The licensor having to depend on the skills, abilities, and resources of the licensee to generate revenues. The licensor being exposed to intellectual property theft by the licensee.

What are the 3 P’s of licensing?

A. The 3 P’s of collegiate licensing are protection, promotion, and profit.

What’s the difference between licensing and copyright?

Generally, the difference between the two is that licenses allow a copyright owner to retain the rights while giving someone else a right to exercise some of them, whereas an assignment results in a copyright owner losing control over the work.

What is a licensing company?

Licensing Definition: A business arrangement in which one company gives another company permission to manufacture its product for a specified payment. There are few faster or more profitable ways to grow your business than by licensing patents, trademarks, copyrights, designs, and other intellectual property to others.

Is licensing of trademark mandatory?

A trademark is licensed by way of a License Agreement, as per the Trade Mark Act, 1999, contrary to the requirement in case of Assignment, the registration of license agreement with the Trademark Registrar of a trade mark is voluntary and not compulsory.

What are the clauses of licensing?

Important clauses in trademark licensing agreement

• Preamble.
• Grant clause.
• Rights and liabilities.
• Royalties clause.
• Product and process stewardship clause.
• Quality control clause.
• Termination clause.
• Governing law clause.

Can trademark be licensed?

In trademark licensing, a trademark owner (Licensor) grants permission to another (Licensee) to use that trademark on mutually agreed terms and conditions.

What happens if a trademark is not registered?

However, unregistered trademarks can get protection under the common law. Though no suit for infringement is allowed for unregistered trademarks under the Act, they can obtain protection under the common law tort of passing off.

What are the 6 components of a license agreement?

Precisely identifying which intellectual property will be the subject of the license is necessary to ensure both parties are on the same page and not exceeding their rights.

• Scope of the Grant.
• Exclusivity.
• Territory.
• Term.
• Compensation.
• Termination.
• Conclusion.

What are two forms of licensing?

How to decide between types of licensing agreements

• Patent Licensing. Patents cover science and innovation.
• Trademark Licensing. Trademarks are signifiers of commercial source, namely, brand names and logos or slogans.
• Copyright Licensing.
• Trade Secret Licensing.
• Exclusive.
• Non-exclusive.
• Sole.
• Perpetual.

What are the risks of licensing agreements?

What are 4 licensing objectives?

The 4 licensing objectives
the prevention of crime and disorder. public safety. the prevention of public nuisance. the protection of children from harm.

Who needs a copyright licence?

You need a licence from the Copyright Licencing Agency ( CLA ) if you represent a business, a public sector organisation, or an educational establishment and you want to make copies of content protected by copyright. Making copies includes photocopying, faxing, scanning and emailing.

What are the types of copyright licenses?

There are six different Creative Commons licenses: CC BY, CC BY-SA, CC BY-NC, CC BY-ND, CC BY-NC-SA, CC BY-NC-ND. The letter pairs indicate conditions for use.

Can trademark license be assigned?

In many jurisdictions, trademark applications cannot be licensed until they mature to registration. In the United States, a trademark application filed on an intent-to-use basis can be assigned only if the underlying business associated with the mark is also assigned. See also Trademark Licensing Fact Sheet.

Who is registered user of trademark?

A registered user is an entity who is authorized to use a particular trademark and a licensee would fall under the said category. The Trademarks act defines it as a person who is for the time being registered as such under section 49.

Is trade license and trademark registration same?

Assignment of a trademark is a transfer in the ownership of the trademark registration. Whereas in licensing, the ownership and proprietary rights of the trademark continue to remain with the original owner, but only a few restricted rights to use the brand are given to the third party.

Can I use TM without registering?

Anyone can use a TM symbol regardless of whether they’ve successfully registered the trademark, or whether they’ve applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.