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Although 15 U.S.C. § 1060 requires that assignments be written, a license can be oral. In licensing trademark rights, the owner may include the right to sue for trademark infringement. The licensee's right to sue originates from the license and is governed by the terms of the licensing agreement.
3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.
Quality control is, therefore, the essence of trademark licensing, providing the means for ensuring that the licensee's use is consistent with the licensor's interest in the trademark and at the same time ensuring that the consumer will get essentially the same quality good or service no matter where the trademarked ... MODULE 12. Trademark Licensing - WIPO World Intellectual Property Organization ? sme ? documents ? pdf World Intellectual Property Organization ? sme ? documents ? pdf PDF
The licensee must allow the trademark owner to review their processes. Compensation: This section details the payment arrangement for using the trademark. It may concern a one-time fee, continuing royalties, or a combination. Representations and Warranties: Both parties must provide representations and warranties.
While others prefer to receive a percentage of gross revenue earned by the company that is using their trademark. Depending on the perceived value of your trademark, this licensing fee can range from a few hundred dollars to several thousands.
However, the license for use of unregistered Trade marks is governed as per agreement executed by the Proprietor and the Licensee under the contract Act / common law. It is permissible to license an unregistered Trade mark. Trade Mark Licensing in India - Mondaq mondaq.com ? india ? intellectual-property mondaq.com ? india ? intellectual-property