A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell. While marks identifying services rather than goods are technically referred to a "service marks" we will use the term trademarks to include service marks. Trademarks protect names used to identify goods (or services) and their source of origin.
A license is a privilege entitling the licensee to do something that he would not be entitled to do without the license. To license or grant a license is to give permission. A license authorizes the holder to do something that he or she would not be entitled to do without the license. Licensing may be directed toward revenue raising purposes, or toward regulation of the licensed activity, or both.
A license regarding intellectual property commonly has several aspects, including a term, territory, renewal, as well as other limitations deemed vital to the licensor. A licensor may grant permission to a licensee to distribute products under a trademark or grant permission to a licensee to copy and distribute copyrighted works such as a work of art.
Georgia Trademark License Agreement with College or University: A Comprehensive Guide Introduction: A Georgia Trademark License Agreement with a College or University is a legally binding contract that governs the terms and conditions regarding the licensing of a college or university's trademark(s) to third parties for commercial purposes. This agreement outlines the rights and obligations of both the college/university and the licensee, ensuring the protection and responsible use of the trademark(s). Key Terms and Provisions: 1. Parties: The agreement identifies the college/university as the licensor and the licensee as the authorized individual or organization seeking to use the college/university's trademark(s). 2. Grant of License: This section defines the scope and duration of the license, specifying the authorized use of the trademark(s) by the licensee, such as for merchandise sales, promotions, or other approved commercial activities. 3. Trademark Usage Guidelines: The agreement outlines detailed guidelines on how the licensed trademark(s) should be used, including size, placement, colors, and permissible alterations. These guidelines ensure consistency and maintain the reputation of the college/university brand. 4. Quality Control: The licensee is bound to maintain high-quality standards in the production or provision of goods/services bearing the trademark(s). The college/university may reserve the right to inspect and approve samples, ensuring the authorized use is consistent with their brand image. 5. Royalties and Financial Provisions: This section determines the financial terms, including any up-front fees, ongoing royalties, profit-sharing, or other compensation owed to the college/university for the use of their trademark(s). It also outlines payment schedules, reporting requirements, and potential penalties for non-compliance. 6. Term and Termination: The agreement specifies the initial term and any renewal options. It also outlines conditions for termination, such as breach of contract, failure to maintain quality standards, or non-payment of royalties. 7. Indemnification and Liability: The agreement may include clauses regarding indemnification, holding the licensee responsible for any trademark infringement claims arising from their use of the licensed trademark(s). It also outlines limitations of liability for both parties. Types of Georgia Trademark License Agreements with College/Universities: 1. Exclusive License: Grants the licensee exclusive rights within a defined market or industry, preventing the licensor from entering into similar agreements with competitors. 2. Non-Exclusive License: Allows the licensor to grant licenses to multiple parties simultaneously, expanding the reach and availability of their trademark(s). The licensee does not have exclusive rights. 3. Internal Use License: Permits college/university departments or student organizations to use the trademark(s) solely for internal purposes, such as on uniforms or promotional materials, without the intent of commercializing them. 4. Co-Branding Agreement: Involves a partnership between the college/university and a third party, allowing the use of both parties' trademarks for joint marketing or product development initiatives. Conclusion: A Georgia Trademark License Agreement with a College or University is a crucial legal instrument that protects the intellectual property rights of educational institutions while facilitating mutually beneficial commercial partnerships. By outlining clear guidelines, quality control measures, and financial provisions, these agreements establish a framework for responsible and authorized use of the college/university's trademark(s). Understanding the different types of agreements available allows institutions to tailor their licensing approach to best suit their branding and revenue generation strategies.
