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Although 15 U.S.C. § 1060 requires that assignments be written, a license can be oral. In licensing trademark rights, the owner may include the right to sue for trademark infringement. The licensee's right to sue originates from the license and is governed by the terms of the licensing agreement.
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the goods and services of one company from those of another. A trademark license is one way to transfer the use of a trademark or service mark from its owner (the licensor) to another party (the licensee).
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.
What is Trademark Licensing? Examples of trademark licensing include a sports team that licenses its logo to third-party merchandisers, a popular cartoon character used on clothing produced by third parties, or a soft drink company allowing a licensee to sell branded products.
A trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.
While others prefer to receive a percentage of gross revenue earned by the company that is using their trademark. Depending on the perceived value of your trademark, this licensing fee can range from a few hundred dollars to several thousands.
3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.