Trademark Licence Agreement

The law recognizes a number of ways to make companies and individuals responsible for creating or contributing to the infringement of an online liability other than brand liability. An experienced trademark lawyer can probably give a useful overview of trademark licensing conditions. A trademark license agreement is a legal quality agreement between a trademark owner and another party who has agreed to use the trademark on pre-approved terms, established between the contracting parties. This document provides general context and instructions for licensors and potential licensees, as well as an example language that should be included in any global trademark licensing agreement. Insurance – This provision requires the licensee to take out insurance in order to protect the licensor from liability for claims against the licensee and possibly a failure by the licensee to fulfill its obligations under the license agreement. Overall, licensing agreements are widespread, but trademark owners should have the help of an experienced consultant to establish clearly defined licensing agreements that protect both the goodwill of the trademark to be used and the rights of the licensor. These are some of the most common provisions contained in a trademark license agreement, if you need advice on more detailed matters, please contact our office for a courtesy consultation with one of our trademark attorneys. Some provisions are found in most trademark licenses. The following points should be addressed in a licensing agreement: the definitions common to most commercial agreements are also an important element of more complex trademark licensing agreements. In order to avoid confusion between the parties, it is important that the licensor clearly specifies what certain words or terms used in the agreement mean, in order to avoid confusion between the parties and to avoid potential conflicts in the event of a dispute. Clearly defined terms in an agreement are also important, because in the event of a dispute between the parties about the agreement, ambiguous terms may ultimately be left to a court, which can have a detrimental effect on the party conducting the dispute.

Goods or services, duration and territory – Identify the type of goods or services offered by the licensee under the trademark, the duration of the contract and the geographical area in which the marks are licensed. In addition to identifying goods or services, licensed uses are often indicated. For example, the agreement may state that the following uses are permitted: production, sale, promotion, distribution and/or advertising. In addition, the licensor may restrict or permit the following distribution channels, stationary retail, Internet sales, wholesale or retail trade or sale limited to certain transactions or categories of consumers. There are several elements of a trademark license agreement. The most important part of the agreement is to properly demonstrate that the licensor has quality control over the 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 license agreement must ensure that the trademark licensor has set standards to maintain the goodwill related to the trademark on which consumers of the goods or services have relied. The general quality control requirements of a trademark license agreement may include, among other things, the ability to verify the licensee`s accounting or accounting records, to audit the licensee`s entities, to audit the licensee`s minutes internally, and to verify the use of printed media in connection with the use of the trademark. .

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