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.
A New Mexico Assignment of Intellectual Property and License Agreement Regarding Prior Business is a crucial legal document that outlines the transfer of ownership and licensing rights of intellectual property from a prior business owner to another party. This agreement ensures that the new party acquires all the rights, titles, and interests to the intellectual property assets of the prior business, allowing them to use, license, sell, or develop the intellectual property. Keywords: New Mexico, Assignment of Intellectual Property, License Agreement, Prior Business, ownership, licensing rights, intellectual property assets, use, license, sell, develop. Different types of New Mexico Assignment of Intellectual Property and License Agreement Regarding Prior Business include: 1. New Mexico Trademark Assignment and License Agreement: This agreement specifically deals with the transfer and licensing of trademark rights from the prior business to the new owner. It ensures that the new owner has the exclusive right to use, license, and protect the assigned trademarks. 2. New Mexico Copyright Assignment and License Agreement: This agreement focuses on the assignment and licensing of copyrighted works, such as artistic creations, literary works, computer software, music, or other original content. It grants the new owner the right to reproduce, distribute, display, and modify the copyrighted materials. 3. New Mexico Patent Assignment and License Agreement: This type of agreement pertains to the transfer and licensing of patented inventions or innovations. It enables the new owner to exercise exclusive rights over the patented technology, allowing them to manufacture, use, sell, or license the invention. 4. New Mexico Trade Secret Assignment and License Agreement: This agreement concerns the transfer and licensing of trade secrets, including confidential business information, formulas, processes, methods, or customer lists. It ensures that the new owner gains access to and the ability to protect these valuable assets. 5. New Mexico Intellectual Property Assignment and License Agreement: This is a comprehensive agreement covering all types of intellectual property, including patents, trademarks, copyrights, and trade secrets. It offers a blanket transfer and licensing of all the intellectual property assets associated with the prior business. In conclusion, a New Mexico Assignment of Intellectual Property and License Agreement Regarding Prior Business is a legal agreement that facilitates the transfer and licensing of intellectual property rights from a prior business to a new owner. Different types of agreements can be drafted based on the specific intellectual property assets involved, such as trademarks, copyrights, patents, trade secrets, or a combination thereof.
