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.
Washington Assignment of Intellectual Property and License Agreement Regarding Prior Business In Washington state, an Assignment of Intellectual Property and License Agreement Regarding Prior Business is a legal document that transfers ownership of intellectual property rights from one party to another. This agreement also includes provisions for licensing the intellectual property to the assignor for continued use. The Washington Assignment of Intellectual Property and License Agreement Regarding Prior Business is commonly used when a business is acquired or when there is a change in ownership. It ensures that the intellectual property rights associated with the prior business are properly assigned and licensed to the new owner. This agreement typically includes detailed information about the parties involved, a description of the intellectual property being assigned, and the terms and conditions of the license agreement. The agreement may also address any limitations or restrictions on the use of the intellectual property, as well as provisions for royalties or other financial considerations. There are different types of Washington Assignment of Intellectual Property and License Agreement Regarding Prior Business, depending on the specific needs and circumstances of the parties involved: 1. Assignment and Exclusive License Agreement: This type of agreement grants the assignee exclusive rights to use the intellectual property, while the assignor retains no further rights or control over it. 2. Assignment and Non-Exclusive License Agreement: In this agreement, the assignee is granted non-exclusive rights to use the intellectual property, allowing the assignor to license it to other parties as well. 3. Assignment and Partial License Agreement: This type of agreement involves the transfer of certain intellectual property rights, with the assignee gaining specific usage rights while the assignor retains others. It's essential to carefully draft these agreements to ensure that all parties' intentions and rights are protected. Legal advice from an attorney specializing in intellectual property law is highly recommended ensuring compliance with Washington state laws and to address any specific concerns or requirements. By executing a Washington Assignment of Intellectual Property and License Agreement Regarding Prior Business, businesses can effectively transfer ownership of intellectual property rights and establish clear guidelines for its ongoing use.
