Wisconsin Trademark Assignment and License Agreement Regarding Design Mark

• Category: Copyrights Patents and Trademarks - Assignments
• State: Multi-State
• Control #: US-1015BG
• Format: Word; Rich Text

Description

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. Trademarks protect names used to identify goods (or services) and their source of origin. The law protects trademarks in part because trademarked items tend to carry with them certain quality assurances. You may use any kind of name or symbol as a trademark to identify your product. 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 and to use their name, sales literature, trademarks, copyrights, etc. in a limited manner. The stylized logo (also known as a design mark) is used to register words and/or letters having a particular stylized appearance, a mark consisting of a design element, or a combination of stylized wording and design. In other words, a design mark can protect a logo with or without words.

Wisconsin Trademark Assignment and License Agreement Regarding Design Mark is a legal document that outlines the terms and conditions under which a trademark owner in the state of Wisconsin can transfer their ownership rights or grant a license to another party for the use of their design mark. This agreement ensures that both the assignor (trademark owner) and the assignee (party receiving the assignment or license) are protected and have clear guidelines for the use and ownership of the design mark. This agreement includes various key components such as: 1. Parties Involved: The agreement identifies the assignor and assignee by their legal names and contact details, ensuring that both parties are accurately represented. 2. Design Mark Details: The agreement provides a detailed description of the design mark, including its graphical representation, dimensions, colors, and any distinctive features that make it unique and distinguishable from other marks. 3. Assignment of Trademark: If the assignor intends to transfer the ownership of their design mark to the assignee, this agreement clearly outlines the terms and conditions of the assignment. It includes provisions regarding the transfer of ownership rights, all associated intellectual property rights, and any goodwill or reputation associated with the mark. 4. License Agreement: Alternatively, if the assignor wishes to grant a license to the assignee, allowing them to use the design mark while retaining ownership, this agreement lays out the terms of the license. It specifies the scope of the license, permitted uses, restrictions, duration, financial considerations (e.g., royalties or license fees), and any quality control measures to maintain the integrity of the mark. 5. Consideration: The agreement highlights any financial or non-financial considerations exchanged between the parties, such as payment terms, royalties, or other value exchanges associated with the assignment or license. 6. Representations and Warranties: Both parties provide representations and warranties pertaining to their legal authority to enter into this agreement, ownership rights, and the non-infringement of any third-party rights. These help minimize legal risks and protect the parties involved. 7. Indemnification: The agreement includes provisions for indemnification, stating that the assignor or licensee will be held responsible for any legal claims, damages, or liabilities arising from the use or misuse of the design mark. 8. Governing Law and Dispute Resolution: The document specifies that the agreement is governed by Wisconsin law and outlines the methods for resolving any disputes that may arise between the parties. 9. Termination: The agreement defines the circumstances under which the assignment or license may be terminated, be it due to violation of terms, non-payment, or expiry of the agreed-upon duration. Different types of Wisconsin Trademark Assignment and License Agreements Regarding Design Marks can include variations based on the specific needs and requirements of the parties involved, such as exclusive licenses, non-exclusive licenses, assignments with or without goodwill, and limited-term licenses. Note: It is crucial to consult with a qualified attorney or legal professional to ensure that any Wisconsin Trademark Assignment and License Agreement Regarding Design Mark conforms to the applicable laws and regulations.