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.

What is the burden of proof for trademark infringement?

In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark.

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15.16 Trademark Ownership-Licensee

15.16 Trademark Ownership-Licensee

Name: 15.16 Trademark Ownership-Licensee
Brand: US Legal Forms
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Category:

Federal - Jury Instructions - 9th Circuit - Civil

State:

Multi-State

Control #:

US-JURY-9THCIR-15-16

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 15.16 Trademark Ownership-Licensee is a contractual agreement between a trademark owner (licensor) and a licensee, which allows the licensee to use the licensor's trademarked logo or name in exchange for a fee. This type of agreement is most commonly seen in the context of franchises, where the franchisee is the licensee and the franchisor are the licensor. The trademark holder typically retains ownership of the mark but grants the licensee the right to use it in accordance with the terms of the agreement. There are two types of 15.16 Trademark Ownership-Licensee agreements: exclusive and non-exclusive. An exclusive agreement grants the licensee exclusive rights to use the trademark while a non-exclusive agreement grants the licensee non-exclusive rights.

15.16 Trademark Ownership-Licensee is a contractual agreement between a trademark owner (licensor) and a licensee, which allows the licensee to use the licensor's trademarked logo or name in exchange for a fee. This type of agreement is most commonly seen in the context of franchises, where the franchisee is the licensee and the franchisor are the licensor. The trademark holder typically retains ownership of the mark but grants the licensee the right to use it in accordance with the terms of the agreement. There are two types of 15.16 Trademark Ownership-Licensee agreements: exclusive and non-exclusive. An exclusive agreement grants the licensee exclusive rights to use the trademark while a non-exclusive agreement grants the licensee non-exclusive rights.

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FAQ

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.

Trademark licensing royalty rates are payments made by a licensee to a licensor in exchange for the use of their trademark. For example, a fashion brand like Louis Vuitton might license their trademark 'LV' monogram to a sunglasses company, who will produce sunglasses bearing this distinctive mark.

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.

In addition, trademark owners can increase consumer recognition of the brand. The more a mark is used the greater the recognition will be. An additional advantage is that a trademark owner may be able to share costs with a licensee with respect to advertising and promotion.

In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark.

While trademark licensing does not have to be enforced in written form, it is certainly best practice to avoid potential legal issues with the licensee or trademark owner. The written agreement should detail terms and conditions, as well as the following: Quality control provisions.

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The owner of a trademark may enter into an agreement that permits another person to use the trademark. When a dispute arises between a manufacturer and distributor, the courts first look to any agreement between the parties regarding trademark rights.OWNERSHIP: Licensee is granted no rights to the ownership of the Documentary or any materials contained in the Documentary or on the DVD whatsoever. Licenses. 5.1 Limited License. Unlike an assignment, in which an owner's entire interest is transferred to the buyer, a license gives the licensee only specific, listed rights. And used under license. Canine and Feline Flea, Tick, Heartworm Market Share.

15.16 Trademark Ownership-Licensee

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What is the difference between a license and a trademark?

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What is licensing a trademark?

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What is the burden of proof for trademark infringement?

Does a trademark license need to be in writing?

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