Delaware License of Trade Name and Trademark with Option to Purchase

State:
Multi-State
Control #:
US-01926BG
Format:
Word
Instant download

Description

A trade name, also known as a business name, is the name which a business trades under for commercial purposes, although its registered, legal name, used for contracts and other formal situations, may be another. A logo is name, symbol, or trademark designed for easy and definite recognition, sometimes used, as in this case, for easy and definite recognition of a business or service. A licensor may grant a license under intellectual property laws authorizing the use by another party of a logo, trade name, trade mark or service mark.

Delaware License of Trade Name and Trademark with Option to Purchase is a legal agreement granting the rights to use and benefit from a particular name or trademark in the state of Delaware, along with the possibility of acquiring the exclusive ownership of the intellectual property in the future. This contract offers flexibility, ensuring that businesses can establish a presence in Delaware while safeguarding their brand identity. Under this licensing arrangement, businesses can licitly use a specific trade name or trademark within the state's jurisdiction. By obtaining this license, companies gain the right to leverage the established reputation and goodwill associated with the trade name or trademark, bringing visibility and recognition to their products or services. The Delaware License of Trade Name and Trademark with Option to Purchase provides an additional advantage of including an option to purchase the intellectual property. This means that the licensee can exercise the option to buy the trade name or trademark outright, gaining full control and exclusivity over its use and exploitation. The option to purchase clause provides an opportunity for businesses to expand their operations, protect their brand, and enhance their market presence in Delaware. There are several types of Delaware License of Trade Name and Trademark with Option to Purchase. These are: 1. Standard Licensing Agreement: This is the most common type of license, allowing the licensee to use the trade name or trademark for a specified period with the option to purchase later. 2. Exclusive Licensing Agreement: In this type, the licensee acquires an exclusive right to use the trade name or trademark within Delaware for a defined period. The option to purchase is often included in such agreements. 3. Non-Exclusive Licensing Agreement: This agreement permits multiple licensees to use the same trade name or trademark concurrently within Delaware. The option to purchase may also be available to each licensee individually. 4. Limited Term Licensing Agreement: With this type of license, the licensee obtains the right to use the trade name or trademark for a restricted period, typically with an option to purchase within the agreed-upon term. 5. Territory-Based Licensing Agreement: This agreement grants the licensee the rights to use the trade name or trademark exclusively within specific geographical boundaries in Delaware. The option to purchase may be applicable for the specified territory only. To acquire a Delaware License of Trade Name and Trademark with Option to Purchase, interested parties should engage in thorough research, consult with legal professionals, and ensure compliance with trademark laws and regulations. By obtaining this license, businesses gain legal protection, commercial advantages, and potential ownership over their brand identity, positioning themselves for success in the dynamic Delaware market.

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FAQ

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.

A registered trademark helps you protect that hard work you can take federal legal action against anyone illicitly using your name, you can challenge trademark applications that seem to close to yours, and you can ensure that your reputation isn't incorrectly tarnished thanks to second-rate products or service

Assignment of a trademark is a transfer in the ownership of the trademark registration. Whereas in licensing, the ownership and proprietary rights of the trademark continue to remain with the original owner, but only a few restricted rights to use the brand are given to the third party.

The law makes a definite distinction between the twoa trade name refers to the company's official name, while a trademark provides a company's brand with legal protection.

The fee for filing the application is $25.00, and the fee for the Certificate of Registration, which will be issued by the Secretary of State, is $10.00. Please make check, in the amount of $35.00, payable to the "Delaware Secretary of State."

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

Any trade name can be registered except in case of companies and LLPs. In Company and LLP ministry do not approve the similar name. If the trademark is registered with any name then the ministry will not approve a similar trade name for Company and LLP. The registration period also differs.

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

More info

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Pte Ltd. in Malaysia is a licensed services provider to The Intellectual Property Office (IPO) of Malaysia. The Intellectual Property Office provides online services such as: - Online filing of a claim or design for examination - Online registration of application for patent - Online certificate of registration - Online search for application of patent The Intellectual Property Office is an independent and non-governmental authority in the realm of intellectual property rights.

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Delaware License of Trade Name and Trademark with Option to Purchase