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A merchandising agreement is a legal contract between two parties in which the first party agrees to sell specific goods or services to the second party. In this case, "merchandise" refers not only to physical items but also intangible products such as intellectual property.
A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor.
To expand trademark rights, the owner can register the trademark with either the state or federal government, or both. State registration is typically done through the secretary of state's office and provides the owner with the right to exclusive use of the trademark throughout the state.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
Strategic licensing, by which the developer of intellectual property, technology or a product embeds it in the licensee's product for distribution, is typically a win-win for the companies involved.
A merchandise license agreement describes the terms through which the owner of intellectual property, notably in the form of a trademark, service mark or copyright, grants a party, called the licensee, the right to use the property for distribution, marketing, and sale.
A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.
Types of licensing agreement The unique feature of this type of agreement is that even the licensor is excluded to use or exploit the licensed property during the term of the agreement. Copyright, trademark and patent licenses are the best examples of an exclusive license agreement.
Licensing agreements are found in many different industries. An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.