A mark is any word, name, symbol, or design that identifies a product or service. A trademark identifies a product (for example, Coca-Cola). A service mark identifies a service (for example, Holiday Inn). One can be an owner of a trademark or service mark, whether or not it is registered. This is common law protection. Registration is proof of ownership and makes ownership rights easier to enforce. The basic question in lawsuits over marks is whether or not the general public is likely to be confused as to the origin of the service or product.
A copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. Copyright law protects such works as writing, music, artwork, and computer programs. A copyright gives one the exclusive right to use or reproduce a literary, artistic, dramatic, audiovisual or musical work, or a computer program for the creator's life plus 50 years. A copyright is obtained simply by creating the work. It comes into existence automatically on the dated it is created.
Trade names are names associated with a business and its reputation. Business names are not by themselves a trademark. The name that a business uses to identify itself is called a "trade name."
Intellectual property is a property right that can be protected under federal and state law, including copyrightable works, ideas, discoveries, and inventions. The term intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets.
A nonexclusive license is, in effect, an agreement by the licensor not to sue the licensee for infringement of the intellectual property rights being transferred. Such nonexclusive license is also normally not transferable by assignment to any other party by the licensee and, unless otherwise expressly provided for in the agreement.
New Hampshire Assignment of Intellectual Property and License Agreement Regarding Prior Business Introduction: The New Hampshire Assignment of Intellectual Property and License Agreement Regarding Prior Business is a legal document that allows for the transfer of intellectual property rights from one party to another. This agreement is particularly essential in cases where a business or individual wants to assign their intellectual property rights to another entity or person. In New Hampshire, there are various types of Assignment of Intellectual Property and License Agreements that can cover specific circumstances and prioritize different aspects of prior business transactions. Types of New Hampshire Assignment of Intellectual Property and License Agreement Regarding Prior Business: 1. General Assignment of Intellectual Property and License Agreement: This type of agreement covers the transfer of all intellectual property rights and licenses associated with a prior business. It ensures that the assignee obtains complete ownership and control over the assigned intellectual property, including copyrights, trademarks, patents, trade secrets, and any other relevant rights. 2. Partial Assignment of Intellectual Property and License Agreement: In some cases, a business may only wish to transfer specific intellectual property rights to another entity or individual. A Partial Assignment agreement allows for the selective transfer of copyrights, trademarks, patents, or trade secrets, depending on the parties' needs and preferences. This agreement ensures that the specific intellectual property rights being transferred are clearly defined and agreed upon. 3. Exclusive Assignment of Intellectual Property and License Agreement: An Exclusive Assignment agreement grants exclusive rights to the assignee, ensuring that no other party can utilize or benefit from the assigned intellectual property. This type of agreement is commonly used when the assignor wants to completely divest themselves of any rights and benefits associated with the assigned intellectual property. 4. Non-Exclusive Assignment of Intellectual Property and License Agreement: A Non-Exclusive Assignment agreement enables the assignee to utilize the assigned intellectual property while allowing the assignor to retain their own rights and grant licenses to other parties. This type of agreement can be useful when multiple parties are interested in using the intellectual property without any conflicts or exclusivity. Key Provisions of New Hampshire Assignment of Intellectual Property and License Agreement: 1. Assignment Clause: This clause identifies the intellectual property being assigned, including copyrights, trademarks, patents, trade secrets, or any other relevant rights. It also states the effective date of the assignment and the rights and obligations of both parties. 2. Representations and Warranties: This section provides assurances from the assignor regarding the validity, ownership, and non-infringement of the assigned intellectual property. It safeguards the assignee from any future claims or disputes arising due to the intellectual property's status. 3. Consideration and Payment: The consideration clause outlines the monetary or non-monetary benefits the assignor will receive in exchange for transferring the intellectual property rights. This may involve a lump sum payment, ongoing royalties, or a mutually agreed-upon compensation arrangement. 4. Governing Law and Jurisdiction: This section establishes that New Hampshire law governs the agreement and any disputes arising from it. It also specifies the jurisdiction and venue where legal actions related to the agreement would take place. Conclusion: In summary, the New Hampshire Assignment of Intellectual Property and License Agreement Regarding Prior Business is a vital legal document that facilitates the transfer of intellectual property rights from one party to another. This agreement ensures that all parties involved clearly understand the scope of the assignment, the rights being transferred, and any obligations or considerations involved. By utilizing the appropriate type of assignment agreement based on the specific circumstances, businesses and individuals in New Hampshire can protect their intellectual property assets and establish mutually beneficial agreements.
