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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.
A trademark license is typically accomplished through a contract, like the written agreement form that follows. After the parties have negotiated and signed their agreement, the document should be recorded with the U.S. Patent and Trademark Office (USPTO).
A trademark licensing agreement does not need to be written down to be legally enforceable, but a simple word-of-mouth licensing agreement is much more challenging to enforce. For this reason, it is highly recommended that a written agreement is created and signed by both the licensor and the licensee.
(a) LICENSEE acknowledges the value of the goodwill associated with the Trademark and that the Trademark is distinctive and has acquired secondary meaning. LICENSEE agrees, during the Term, and thereafter, never to challenge the rights of E-City or others in the Trademark.
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
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