Trademark License Requirements
Description
How to fill out Trademark Assignment And License Agreement?
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FAQ
A distinctive trademark is a trademark that ?identifies and distinguishes? the relevant goods or services. This is required for a trademark to be eligible for federal trademark protection and registration at the United States and Trademark Office. This means that trademarks are protectable only if they are distinctive.
You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved. The name can't create a likelihood of confusion among consumers.
Filing a trademark isn't a simple process, but the protection it affords your brand is worth your time and effort. To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application.
A trademark licensing agreement does not need to be written down to be legally enforceable, but a simple word-of-mouth licensing agreement is much more challenging to enforce. For this reason, it is highly recommended that a written agreement is created and signed by both the licensor and the licensee.
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.