Georgia 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.

The Georgia License of Trade Name and Trademark with Option to Purchase Agreement is a legal document that allows a party to grant permission to another party to use their trade name and trademark for a specific period and purpose. This agreement also includes an option to purchase the trade name and trademark at a later date, providing the licensee with the exclusive right to acquire and own them. In Georgia, there are various types of License of Trade Name and Trademark with Option to Purchase agreements. These include: 1. Limited License Agreement: This type of agreement grants the licensee limited rights to use the trade name and trademark for a specific period and purpose, with the option to purchase it at a later date. 2. Exclusive License Agreement: This agreement provides the licensee with the exclusive right to use the trade name and trademark in a specific territory or industry for a specified duration. The licensee can exercise the option to purchase and become the sole owner at a predetermined price. 3. Non-Exclusive License Agreement: This type of agreement allows multiple licensees to use the trade name and trademark simultaneously in different territories or industries. Each licensee may have the option to purchase the trade name and trademark individually. The Georgia License of Trade Name and Trademark with Option to Purchase Agreement contains several key provisions. These include: 1. Grant of License: The agreement outlines the scope of the license, specifying the authorized purpose, territory, duration, and any limitations or restrictions imposed on the licensee. 2. Option to Purchase: The agreement includes provisions that establish the terms and conditions for exercising the option to purchase the trade name and trademark. This includes the purchase price, payment terms, and timing for exercising the option. 3. Consideration: The agreement specifies the consideration given by the licensee in exchange for the license to use the trade name and trademark, as well as any additional consideration required for exercising the option to purchase. 4. Intellectual Property Rights: The agreement clarifies that the licensor retains ownership of the trade name and trademark, and the licensee acknowledges and respects the licensor's intellectual property rights. 5. Termination: The agreement outlines the circumstances under which either party may terminate the agreement, including default, breach of terms, or expiration of the license period. It is important to note that the Georgia License of Trade Name and Trademark with Option to Purchase Agreement should be drafted with the assistance of a legal professional to ensure compliance with state laws and to protect the rights and interests of both the licensor and licensee. Consulting an attorney specializing in intellectual property and contract law is highly recommended before entering into such an agreement.

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FAQ

Any person who uses a trademark or service mark in Georgia may file an application for registration of that mark with the Office of the Secretary of State. If the statutory requirements are met, then the Secretary of State will issue a certificate of registration.

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.

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 trademark can be associated with or it can be part of your trade name and can be used to provide legal protection for the use of names, logos, symbols, or company slogans.

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

Applying for a Georgia trademark requires payment of a $15.00 fee per class.

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.

Trademark, same name, same class is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO).

Because the United States Patent and Trademark Office (USPTO) operates on a federal level, you're up against trademarks in all other states. If you want to fully protect your business name along with any marks associated with it, you'll need to register both the trademark and the trade name.

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This name is a key feature of your brand, and it's smart to protect it with a registered trademark. A registered trademark gives you ... You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid ...Learn what trademarks and copyrights are and how to protect your company's name or a logo with our step by step guide. From licenses and permits to taxes and insurance, learn what you need to dofrom the names of other business entities already on file with the Georgia ... A good name should be unique, yet tells what kind of business you are doing. Make a choice on what type of company you want to form. Do you want to: File a DBA ... If you are running a business of any kind, you might find trademarking the name of your business, products, or services useful. Trademark Search and Registration, Copyright registration and Trade Dress Registration. State and federal level registrations complete. The law firm of ... By XT Nguyen · Cited by 15 ? asset sale and purchase agreement, together with a perpetual, exclusive, royalty-free trademark license agreement. The parties bargained for and agreed. It's easy to register a Georgia DBA, also known as a trade name. We'll show you how to getForming an LLC is the best choice for most small businesses. Contractual grant of the right to use the putative franchisor's trade name or marks is sufficient to meet the trademark requirement under the license ...

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Georgia License of Trade Name and Trademark with Option to Purchase