Can you license the use of a 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.

What is the difference between licensing and trademark?

A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.

What is a licensed mark?

A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.

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Trademark Assignment and License Agreement Regarding Design Mark

Santa Clara California Trademark Assignment and License Agreement Regarding Design Mark

Name: Santa Clara California Trademark Assignment and License Agreement Regarding Design Mark
Brand: US Legal Forms
Rating: 4.61 (234 reviews)

Category:

Copyrights Patents and Trademarks - Assignments

State:

Multi-State

County:

Santa Clara

Control #:

US-1015BG

Format:

Instant download

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.

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FAQ

In case of an assignment of a trademark, there is a transfer in the ownership of the trademark registration and in case of licensing, the proprietary rights of the trade mark continue to vest with the original owner but only few restricted rights to use the brand/trademark are given to the third party.

The term 'assignment' and 'license' cannot be interchanged. A license is different from an agreement. Generally, in absence of any provision to the contrary, the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

A trademark license agreement allows the licensee to use (but not own) the licensor's trademark in connection with agreed-on products or services.

A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.

An assignment is a conveyance of one's entire ownership interest in some property to someone else. 1 The assignee becomes the new owner while the assignor becomes an ex-owner. A license, on the other hand, is merely a permission.

Cross Licensing refers to the cross-license agreement between patentees, entered into for purposes of avoiding litigation concerning conflicting patents. It helps preserve the financial incentives for inventors to commercialize their existing innovations and undertake new, potentially patentable research.

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.

Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.

Instead it means that the product or service offered by the licensee under the mark is consistent with the quality of the products or services rendered by the licensor and other licensees.

More info

15 "Trademark Rights" means all rights arising out of a Party's Marks. All other capitalized terms are defined in the body of the Agreement.Manufacturers and sellers MUST hold a License Agreement in order to use CSUSM Logos and Marks. License agreements are granted on an annual basis. 5 In the realm of intellectual. The Software is licensed, not sold.

Santa Clara California Trademark Assignment and License Agreement Regarding Design Mark

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