North Carolina Trademark Assignment and License Agreement

State:
Multi-State
Control #:
US-13387BG
Format:
Word; 
Rich Text
Instant download

Description

A license is a contractual right that gives someone permission to do a certain activity or to use certain property owned by someone else. Licensing agreement is an agreement between two enterprises allowing one to sell the other's property such as products or services.

North Carolina Trademark Assignment and License Agreement is a legal document that outlines the terms and conditions under which a trademark can be transferred or licensed in the state of North Carolina. This agreement governs the rights and obligations of the parties involved, specifically the assignor (trademark owner) and the assignee/licensee (the party who acquires the trademark or is granted the right to use it). The North Carolina Trademark Assignment refers to the transfer of ownership of a trademark from one party to another. This can occur through an outright sale, inheritance, or any other form of transfer. The agreement ensures that the rights, title, and interest of the trademark are transferred legally and properly, protecting both parties' rights. It includes details such as the trademark's identification, the effective date of transfer, and any financial arrangements involved. On the other hand, the North Carolina Trademark License Agreement grants permission to a third party to use a trademark while the trademark owner retains ownership. This type of agreement allows the licensee to utilize the trademark for specific purposes, usually defined by scope, territory, and duration. The license agreement outlines the terms and conditions under which the licensee can use the trademark, including restrictions, royalties, quality control requirements, and termination clauses. In addition to these main types of North Carolina Trademark Assignment and License Agreements, there may be additional variations tailored to specific situations. For example, there may be agreements related to exclusive or non-exclusive licenses, assignment with goodwill, sublicensing, or international trademark assignments. Each agreement is unique and specific to the circumstances of the parties involved, ensuring the smooth transfer or licensing of trademarks while safeguarding intellectual property rights. It is essential to consult with a qualified attorney in North Carolina to draft and negotiate a Trademark Assignment and License Agreement tailored to your unique needs, ensuring compliance with state laws and protecting your intellectual property.

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FAQ

Here is what all this means for you and your brand.Trademark Requirement #1 No conflicts with other registered marks.Trademark Requirement #2 Trademark distinctiveness.Trademark Requirement #3 Use in commerce.Trademark Requirement #4 Capability to be a brand identifier.In the end, it comes down to this:

Simply put, it means changing or altering the application in some manner after it's filed. The way to amend a trademark application is by filing an amendment with the United States Patent and Trademark Office (USPTO).

No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application.

Key Takeaways. A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.

The cost to file an application to register a trademark or service mark in North Carolina is $75. The fee is non-fundable, which means you will not be refunded the $75 filing fee if your mark is not approved for registration.

A trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.

The licensing of the trademark allows the registered proprietor to let others use the mark without assigning the ownership of the mark. The proprietor can also put other limitations on the use of the mark through the terms that he puts into the licensing agreement.

To transfer ownership or update your information to reflect a legal name change:Use Electronic Trademark Assignment System (ETAS) to request the change.If you're filing a TEAS form within the next week, you may need to manually update the owner information on the TEAS form.

Steps to create an account for Trademark e-filingSign up.Procure a Digital Signature Certificate.Enter Applicant Type and Code.Enter Proprietor Name.Create new party code if applicable.Proprietor Code Registration Form.Proprietor Code Generated.New user Registration Firm.More items...?4 Sept 2020

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

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North Carolina Trademark Assignment and License Agreement