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Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.
A trademark licence is an agreement between a trademark owner (the licensor) and another entity (the licensee) in which the licensor permits the licensee to use its trademark for commercial purposes.
The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned.
A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.
To put it summarily, in case of an assignment of a trademark, there is a change in the ownership of the registered brand and in case of licensing, the right in the trade mark continues to vest with the original owner but only few restricted rights to use the brand/mark are given to the third party.
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.
It is permissible to license an unregistered Trade mark. Permitted use without recordal of Registered User is permissible under the Trade Marks Act 1999, which came into force on September 15, 2003.
The term 'assignment' and 'license' cannot be interchanged. A license is different from an agreement. Generally, in absence of any provision to the contrary, the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.
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.
The steps for making a license agreement are as follows:Download a template for a licensing agreement.Choose your role as the licensor or licensee.Define the license(s) in the agreement.Decide whether the license is exclusive or not.Settle the matter of fees and payment schedule.Add a renewal date and rules.More items...?28-Jun-2020