An experienced trademark lawyer can probably provide useful information about trademark licensing conditions. There are several elements of a trademark licensing agreement. The most important part of the agreement is to properly prove that the licensee continues to control the quality of goods or services sold in connection with the use of the trademark. Therefore, the quality control provision is one of the most important elements that are an integral part of trademark licensing agreements. Quality control of a trademark licensing agreement must ensure that the brand`s licensee has established standards to maintain the value of the brand on which consumers of the products or services relied. General requirements for quality control of a trademark licensing agreement may include, among other things, the possibility of auditing the licensee`s accounting documents or accounting, the verification of the licensee`s facilities, the internal control of the licensee`s minutes and the verification of the use of printed media in the context of the use of the trademark. Termination and right of appeal – This provision is contained in a licence to encourage parties to cooperate in the settlement of small disputes arising from the agreement. In the event of an infringement, the defaulting party will have the opportunity to remedy this deficiency within a specified period of time. If the defaulting party continues to violate the agreement, the uninjured party has the right to terminate the contract.
A trademark license (distinct from a trademark assignment) is in fact an agreement in which a trademark holder (the “donor”) allows another person (“taker”) to use the licensee`s trademark in connection with certain products or services. Although a trademark licensing agreement is generally not required in writing to be legally enforceable, it is strongly recommended that all trademark licensing agreements be written and signed by the licensee and the licensee. Brand licensing agreements are very different in length and subtleties. Although many licenses have a similar structure, each license contains different details and clauses based on the products or services granted. While it is more common to license brands as service marks, licensing agreements may include products or services. In addition, licensing agreements are often federally registered trademarks, but unregistered trademarks may also be licenses. As far as registration is concerned, some countries retain the legal obligation to cover licensing agreements. The United States does not require a trademark license from the United States Patent trademark Office. You`ll find some provisions in most brand licenses.
The following issues should be addressed in a licensing agreement: a trademark licensing agreement can be established as a separate agreement or as part of a general commercial contract between the parties. A trademark licensing agreement is a legal contract between a trademark holder and another party who have agreed to use the trademark under pre-approved and established conditions between the contracting parties. Other key concepts include definitions, geographic scope, licence requirement/duration, royalty rate and contract terms and conditions; and the licensee may designate a sub-licensed person who uses the mark within the geographical area covered by the licensing agreement. Some common examples of trademark licenses that you will probably see every day are: Suppose you own a trademark in Singapore and plan to allow another party to use the trademark on your behalf in the country. In this case, it is important to have a written trademark licensing agreement in order to guarantee the rights and interests of both parties. At the beginning of a business, companies should consider identifying their business name or brand and developing branding strategies to save money and avoid potential costly conflicts in the future.