Wisconsin Trademark Assignment and License Agreement

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

Wisconsin Trademark Assignment and License Agreement is a legal document that governs the transfer of rights and licenses associated with a trademark in the state of Wisconsin. It sets out the terms and conditions under which the trademark owner grants permission to someone else to use and/or manage their trademark for a specified period. In Wisconsin, there are primarily two types of Trademark Assignment and License Agreements: 1. Wisconsin Trademark Assignment Agreement: This agreement involves the transfer of ownership of a trademark from the current owner (assignor) to another entity (assignee) within the state of Wisconsin. It includes provisions for the assignment of all rights, title, and interest in the trademark, enabling the assignee to legally take control of the trademark and use it for their own commercial purposes. 2. Wisconsin Trademark License Agreement: Unlike the assignment agreement, this agreement allows the trademark owner (licensor) to grant a license to another party (licensee) in Wisconsin. The licensor retains ownership of the trademark but permits the licensee to use the trademark under specific conditions, such as limited timeframes, geographical restrictions, or the nature of goods/services for which the trademark can be used. The licensee may pay royalties, license fees, or other considerations to the licensor in exchange for the right to use the trademark. Both types of agreements typically contain several key provisions, which may include: a. Definitions: Clearly defining the terms used in the agreement to avoid any confusion or misinterpretation. b. Grant of Rights: Outlining the scope of rights being transferred or licensed, specifying whether they are exclusive or non-exclusive. c. Territory and Duration: Determining the geographical area where the trademark can be used and the duration of the agreement. d. Royalties and Considerations: Stating the amount, frequency, and method of payment for royalties or license fees, if applicable. e. Quality Control: Setting standards regarding the quality of goods or services associated with the trademark to maintain its integrity and reputation. f. Termination: Establishing the conditions under which either party can terminate the agreement, including breach of terms, non-payment, or expiration of the agreement. g. Governing Law: Identifying the state laws of Wisconsin that will govern the agreement and settling any disputes arising between the parties. It is essential to consult with a qualified legal professional when entering into any Wisconsin Trademark Assignment and License Agreement to ensure compliance with state regulations and protection of one's rights and interests. Additionally, it is recommended to conduct proper due diligence, including a trademark search, before entering into any agreement to avoid potential infringement issues or disputes in the future.

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FAQ

It is permissible to license an unregistered Trade mark. Permitted use without recordal of Registered User is permissible under the Trade Marks Act 1999, which came into force on September 15, 2003.

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.

In a Trademark licence agreement the proprietor (Licensor) of a registered trademark gives authorization to another company (Licensee) to manufacture and distribute products under this trademark.

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.

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.

Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.

Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.

A trademark licence is an agreement between a trademark owner (the licensor) and another entity (the licensee) in which the licensor permits the licensee to use its trademark for commercial purposes.

Examples of Licensing Agreements Licensing agreements are found in many different industries. 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.

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Wisconsin Trademark Assignment and License Agreement