Do trademark licenses have to be in writing?

Although a trademark license agreement isn't generally required to be in writing to be legally enforceable, it's strongly recommended that all trademark licensing agreements be in writing and signed by both the licensor and licensee.

US Legal Forms
Trademark License Agreement

Sample Trademark License Agreement

Name: Trademark License Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.72 (409 reviews)

Category:

Copyrights Patents and Trademarks - Licensing

State:

Multi-State

Control #:

US-CP5A08

Format:

Instant download

Description Trademark Licensing Agreement

This agreement is used when a Licensor wishes to give the Licensee an exclusive license to all existing versions of a software program and all related documentation, if any, solely for a specific purpose.

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FAQ

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.

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

What is the purpose of trademark law? The primary purpose of the trademark laws is to prevent unfair competition by applying a test of consumer confusion and providing rights and remedies to the owner of the trademark.

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.

Cost: Government fees are Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases) and trademark attorney professional fees is Rs. 3500/- per application per class. The Trademarks Office will first check your application to see if it's already been taken.

Although a trademark license agreement isn't generally required to be in writing to be legally enforceable, it's strongly recommended that all trademark licensing agreements be in writing and signed by both the licensor and licensee.

Get it in writing. Develop a detailed licensing agreement that is signed by both licensor and licensee. Work with an experienced trademark attorney, who has knowledge in both drafting agreements and enforcing proper use. Establish brand guidelines that clearly dictate how and where the trademark can be used.

What is a Licensing Agreement? A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.

Sample Trademark License Agreement

Description Trademark Licensing Agreement

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