Intra-Company Trademark, Service Mark, and Trade Name License Agreement
Description
How to fill out Intra-Company Trademark, Service Mark, And Trade Name License Agreement?
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FAQ
Even software licenses described as perpetual can usually be terminated in specified circumstances (e.g., by the vendor if the customer fails to pay the license fee, or by the customer if the licensed software does not meet certain requirements).
Most trademark license agreements aren't assignable, transferable or perpetual, and when you add in exclusive you get an agreement that looks much more like a transfer of all rights rather than a license.
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.
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.
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.
It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your mark.
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.
Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. Registration provides for enhanced protection against counterfeiters, cybersquatters, and importers of infringing product.
A perpetual license allows end users to use the software for as long as the end user complies with all terms of the license agreement. A term license allows the end user to use the software for a specified license term so long as the end user complies with all the terms of the license agreement.