[ COMPANY NAME] This Trademark Licensing Agreement (the "Agreement") is made and entered into effective as of [ date ] (the "Effective Date") by and between [ Company Name ], (the "Licensor"), and [ Company Name] (the "Licensee"). In this type of . These are often utilized in order to formally ask for some permission to the owner with regards to obtaining the specified rights to use a trademark. That is why your trademark needs to be protected. 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. Make sure that you comply with all the requirements, as stated in the form. These are few of the main terms and conditions that should be indicated in the license agreement form for trademarks. Trademark Assignment Agreement. You may also like patent agreement templates. A license, however, is not a sale and the owner maintains ownership over the brand or mark. Nevertheless, the agreement should only take effect within the given period of time, as specified in the agreement form. Although a company does not solely bank its marketing success on its visual identity, a trademark perhaps plays the most important part throughout every successful company’s history. Ensure that the terms and conditions are acceptable and considerable by your licensee. Therefore, refer below to know what are the specific terms and conditions that should be particularized or itemized in detail in the trademark license agreement forms. Though the licensor and the licensee are engaged in a legal agreement, this does not necessarily mean that they are in a joint venture or partnership. How to use this document The disputes or arguments that cannot be resolved by both parties should be brought to an arbitrator, as what both have agreed. 4. This is with regards to ensuring that the trademarks or products are produced or emanated in a manner that these are not damaged or depreciated, and that the quality and good will of these licensed trademarks are retained and complied by the licensee. 3. TRADEMARK LICENSING AGREEMENT. TRADEMARK LICENCE AGREEMENT. It stands the test of time, allowing continuity for as long as the brand and the company are still standing to serve its customers, and of course, as long as its main use is in the United States commerce. Details. The following statements are not mere recitals, but instead form an integral part of the basis for this Agreement. And that there will be no act of such infringement. This Agency Agreement is entered into as of [Date] by and between [Sender.Company] having its principal place of business located at [Sender.Address] (the “Company”) and [Client.Company] having its principal place of business located at [Client.Address] (the “Agent”), both of whom agree to be bound by this Agreement.. Agreement the proprietor (Licensor) of a registered trademark gives authorization to Trademarks also prevailed as common law marks before the statutory law came into effect in Britain. Blacksmiths and sword makers during English medieval times were required to put identifying marks. Trademark License Agreement - Helios & Matheson Information Technology Ltd. and Helios and Matheson Analytics Inc. (Mar 30, 2017) Trademark License Agreement - Weibo Internet Technology (China) Co. Ltd. and Beijing Weimeng Technology Co. Ltd. (Oct 11, 2010) Trademark License Agreement - Motorola Trademark Holdings LLC, Motorola Inc. and Motorola Solutions Inc. (Jul 30, 2010) Moreover, the contract agreement often caters all the important matter that both parties should be aware of. You can easily contact me at https://tingenwilliams.com Download a sample royalty agreement here. This TRADEMARK LICENSE AGREEMENT (this “Agreement”) is made and effective as of March , 2007 (the “Effective Date”), by and between PennantPark Investment Advisers, LLC a Delaware limited liability company (the “Licensor” or “Adviser”), and PennantPark Investment Corporation, a corporation organized under the laws of the State of Maryland … You probably have already noticed that the most iconic and recognized logos and brands that you see today have been around for a long, long time. You may also see agreement samples. You may also see sample lease agreement forms, This specifies that the licensee acknowledges the ownership of the licensor to the trademarks and that the owner or the licensor retains all the ownership rights. Aside from the obvious, which would be the massive following and sales of their products all over the world for years, the answer is in the question itself. Two common scenarios include: 1. When you see the Volkswagen logo, for example, you think of a slick car. Trademark consent to use agreements come arise in variety of fact patterns. At the height of English monarchy’s powers and the Industrial Revolution, the guild system gradually moved into free businesses, thereby warranting civil protection against entities who try to copy or replicate another merchant’s mark. A likely example will be a movie studio that was granted the license to make a line of shirts with the characters from a top rating TV series and the shirt manufacturer. A trademark is defined as a word, phrase, symbol, and/or design, including logo designs, that identifies and distinguishes the source of the goods of one party from those of others. It would be used if you were purchasing or selling a federally registered trademark. You may also see word agreement templates. The revised and improved license agreement for the FSC certification scheme will initially be implemented with a pilot phase, starting early in the second quarter of 2020 in Brazil, China, Germany, Russia and the United States before being extended to other countries later in the year. This Trademark License Agreement (the "AGREEMENT") made and entered into this [__] day of [_____], 199[_], by and between STAFF BUILDERS, INC., a Delaware corporation ("LICENSOR"), and TENDER LOVING CARE HEALTH CARE SERVICES, INC., a Delaware corporation ("LICENSEE"). There are several elements to a trademark licensing agreement. You are protecting your brand identity, otherwise, there is a big chance that others would be able to use it, taking advantage and riding on the reputation that your company worked hard to make. If you’re entering into a licensing deal, it’s always helpful to see a sample royalty agreement of a company so that you know what to expect. TRADEMARK ASSIGNMENT AGREEMENT This Trademark Assignment Agreement (the “Agreement”) is entered into as of June 1, 2015 between the following two parties: The Assignor: James L. Robinson The Assignee: Creative Edge Nutrition, Inc. People also refer to it as a brand. APPENDIX HANDBOOK OF BEST PRACTICES | 1903 Sample Agreement 5: Intellectual Property and Trademark license (Stanford) Source: Office of Technology Licensing, Stanford University, 1705 El Camino Real, Palo Alto, CA, 4.1 This Trademark Agreement is effective as of the date listed above. You may also see content license agreements. Therefore, refer below to be acquainted with what should be found in the license agreement form for trademarks. Secure a clearance search to make sure your trademark is available to use and doesn’t cause infringement to existing rights of possible prior owners to avoid trouble with the law. Make sure that your permission is given, only if the licensee who is/are asking for your permission is qualified after you conduct grant review or evaluation. Won’t it be just grand to look at catering to different, better and bigger markets? Agency Agreement. A contract like this would establish and further business goals for all parties concerned, protecting their interests, in the process. In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. 5. 1.2. 5. 4. The most important clauses of that document should be the effective date for the licensee to use the trademark, and termination date if necessary, information of all parties involved, a granting clause explaining the license terms and payment details for fees due to the licensor, including applicable royalties. docracy.com. The British Trademark act of 1875 paved the way for formal trademark registration on the basis of criterion fulfilled and met by recognizing the trader’s merchandise. The following list below are few basic tips that a licensor should take note of when making an agreement with the licensee. Simple Trademark Assignment Agreement. 3. You may also see license agreement templates. RECITALS A. Licensor is owner of the trademark TRADEMARK NAME in word form and in all style The Trademark License Agreement allows the licensee to use (but not own) the licensor’s trademark in connection with agreed-on products or services. Trademark License Agreement Instructions The following provision-by-provision instructions will help you understand the terms of your agreement. Trademark Licensing Agreement Basics. The official statements in the agreement are acknowledged and specified with the use of various terms and conditions for the following below. This is also why trademark licensing agreements are very important. By means of this, you are also able to guarantee that they are not taking you and your trademarks for granted. And every business needs to protect their assets, which is what a trademark ought to do. The fees due to the licensor in exchange of having limited use of the trademark and the terms and conditions by which the two parties would agree to end the relationship, should be indicated according to State, Federal and in some cases, even international law, because other companies grow big enough to cater to a global market. The numbers and letters below (e.g., Section 1, Section 2(a), etc.) In the part of a licensor, it is important to monitor and double check the diligence of other parties on a potential licensee, making sure that they are stable enough to manage and finance the use of the trademark in ways that would benefit everyone. W I T N E S S E T H: WHEREAS, Licensee is the assignor of certain rights in the service … This contract agreement is often utilized for two main reasons: it is either you are a licensee who seeks for some permission or authorization in order to use the trademarks of a company, or you are a licensor who gives the authorization for someone to use your licensed trademarks for your products and services. Though both parties are in some kind of an agreement, this does not necessarily mean that they are to create a joint venture or partnership in the business. Brand extension via licensing offers opportunities and multiplies it a hundredfold when it comes to consumer connections. TRADEMARK LICENSE AGREEMENT This Trademark License Agreement is entered into between LICENSOR NAME, a(n) STATE AND TYPE OF ENTITY (“Licensor”), and LICENSEE NAME, a(n) STATE AND TYPE OF ENTITY (“Licensee”). Ensure that all the trademark policies that you want the licensee to take note of are specified and particularized in the general agreement form. TRADEMARK LICENSE AGREEMENT . The license is given for a specific range of products or services for which the licensee obtains exclusivity in a … Viele übersetzte Beispielsätze mit "a trademark agreement" – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von Deutsch-Übersetzungen. You will be able to manage a trademark licensing agreement and learn how to deal with common types of problems that may arise while managing it. Elements of Trademark License Agreement. Use the Trademark License Agreement document if: You own rights to a trademark and want to give license to another party to use it. This means the trademark license owner can then license the use of the mark to other manufacturers with goals of brand expansion and exposure to new markets to take full advantage of the financial benefits and build strength on the brand with consumer following. Make sure that you have read all the terms and conditions that are written in the agreement form. It also involves the licensee where they reserve the right to use the licensor’s trademark in which otherwise would risk infringement of the owner’s rights. You may also check out free service agreement forms, These are pertained to the assumption of all the costs and the liabilities related to the quality, to any defect, the product liability, the conformance, and the promotion, sale documentation, and marketing. The latter wouldn’t get to own the trademark. What are Trademarks and Service Marks? The most successful global companies in different industries didn’t just happen overnight. Free Trademark License Agreement This Trademark License Agreement will effectively license the use of a trademark. Luxury car brand Mercedes was first registered in 1900 and Pepsi-Cola was registered in 1896. You may also see sample contractor agreement forms. License Agreement Form Samples; Trademark license agreement form is technically used for the following: particularize the rights; specify the warranty terms; identify the terms of indemnification; determine the dispute resolution clauses If the owner also decides to extend the license into other goods by a certain product or company, the brand would gain a bigger following by way of brand exposure, because the goods bearing the trademark will be sold in perhaps a sizable number of retail stores. It also involves the licensee where they reserve the right to use the licensor’s trademark in which otherwise would risk infringement of the owner’s rights. Yet, you have to make sure that your rules are acceptable or considerable by the other party, most especially when you want your business to grow and you want to be compensated in return for granting the other party’s request to exploit your trademarks. PDF; Size: 34 KB . You may also like You may also see franchise agreements. You may also like sample management agreement forms. You wish to acquire the right to use a trademark owned by another party. Be vigilant and exercise diligence in deciding how it fits your company. A trademark license agreement is referred to a document contract that contains a list of terms and conditions regarding the usage of a licensed trademark. THIS TRADEMARK LICENCE AGREEMENT (the “Agreement”) is made with effect as of the 29th day of June, 2011 (the “Effective Date”), BETWEEN: KUNEKT CORPORATION, a corporation governed by the laws of the State of Nevada and having an office at Unit 1, 12/F International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (the “Licensor”) AND: … Assignment means all the rights, title, and ownership of the trademark are transferred to the assignee in perpetuity, whereas a license means certain rights in the trademark are transferred to the licensee for a limited period of time (ownership rights are not transferred in a license). Fill in the blanks and choose the terms of this international agreement that best suit your needs. Do not forget to conduct a background check of the licensee and their company. It also took years for coffee shop Starbucks to finally establish their identity, settling with the demure mermaid symbol, painted green, long after they went global. This was used as an identifying mark of a business location. Do not forget that the more you separate your business mark from others in a complicated industry, the easier it will be, for you to protect. You may also see sample partnership agreement forms, These terms indicate that the licensee should indemnify, defend, and hold harmless the licensor’s company and its workforce or administration from and against all claims, costs, damages, losses, expenses, etc., which are caused or due to licensee’s misuse of the licensed trademarks, products, and services. But this license or consent should only be given after various grant reviews are conducted in response to their grant application. Licensing can help a company expand into international markets effectively and easily while lending the licensee an established name and reputation. Make sure that you have understood everything in the contract agreement before affixing your signature. Because product warranty obviously didn’t exist yet, it was the only way a weapon can be traced back to its producer and hold him accountable when rendered defective. Or, if you’re drafting a royalty agreement for a client or your own organization, it’s useful to have a royalty agreement sample to use as a starting guide. If you have questions about this document or you need assistance in tailoring it to your specific situation, let me know. This agreement sets forth the names of the licensor and licensee, the trademark and the territory in which it will be licensed. And while a trademark is more than just a visual identity, a business with every intention to succeed would do well to remember that a certain symbol, a logo can make or break the overall brand in the eyes of the all-too-knowing customer. This is with regards to the assigning or transferring of the licensed trademarks without the express prior written consent from the licensor. In addition to this agreement, the licensor may conduct an inspection or review of the licensee’s audits, book, records, and reports from time to time. The best thing about a trademark is that it never expires. State of Alabama. In addition, you also grant them your permission or authorization that they asked for. You may also see sample lease agreements. 2. One way to assure that both parties are in a formal and legal accord is by specifying fair and sufficient stipulations. F. TRADEMARK LICENSEE shall pay any tax (and any related interest and penalties), however designated, imposed as a result of the existence or operation of this Agreement including any tax which TRADEMARK LICENSEE is required to withhold or deduct from payments to TRADEMARK LICENSOR, except (i) any such tax constituting an income tax imposed upon TRADEMARK LICENSOR by any governmental … The review is mandatory to ensure that the reasons of the licensee for such usage of your trademark is justifiable, or in other words, legitimate. It is specified in the general statement that the license granted to the licensee is revocable, non-exclusive, and non-transferable. A question may a… Trademark License Agreement. What is a trademark and what makes it such an important deciding factor in a business’ marketing and overall success? In addition, Licensee shall also immediately cause the Trademarks to be removed from all units of that product and from all sales literature and other materials and, where necessary to achieve this, shall use its best The movie studio is still its owner but the shirt manufacturer or company get to have limited rights to release goods with the movie studio’s trademark. What takes place after signing the contract is that you engage yourself in a legal agreement with the other party. Some of them have even been there for more than a hundred years. A trademark application is rejected by the Trademark Examiner on Section 2(d) grounds, namely likelihood of confusion with a prior pending application or existing registration. In addition, the agreement also includes all possibilities that both may encounter. Even Apple, Forbes’ most valuable brand in the world for the seventh year running, started somewhere small. 1. A trademark license agreement is a contract made between the owner of the trademark, the licensor, and another party. The goods and/or marks are not identical, and the rejected applicant seeks agreement from the cited third party registration to enter into a … You may also see vendor agreement templates. When thinking about licensing the trademark your small business has developed, keep in mind that you may still change a little detail here and there, but not everything. TRADEMARK LICENSE AND ROYALTY AGREEMENT THIS TRADEMARK LICENSE AND ROYALTY AGREEMENT (this "Agreement") is made as of the 25th day of April, 2001 between STAR SCIENTIFIC INC., a Delaware corporation ("Licensor") and BROWN & WILLIAMSON TOBACCO CORPORATION, a Delaware corporation ("Licensee") (individually as "Party" and collectively the "Parties"). TRADEMARK AND DOMAIN NAME AGREEMENT This agreement (the “Agreement”) is by and between _____ (“Party”) and Eclipse.org Foundation, Inc. (“Eclipse”) and is effective as of [_____] [_____], 202[__] (the “Effective Date”). The following below are few of the basic tips for a licensee to comply with. This is to ensure that the licensee has been complying with the agreement terms. Recitals. Iconic brands got their iconic status from years of building their brands or trademarks into what we know and recognize today. Licensing it, however, can provide advantages to the brand and will also serve as a reliable strategy that would introduce and expose the brand to new markets. 4. This transfer can be achieved in two ways – assigning the trademark or licensing the trademark. You may also like sample security agreement forms. The purposes, objectives, and goals of the licensee, The financial background, audits, and reports, The licensor’s name, state, and type of business entity, The licensee’s name, state, and type of business entity, The trademark name and the authorized licenses, The statements that emphasize the agreement terms, The date of when the agreement should take effect, The names and signatures of the witness or witnesses from both parties (if necessary), The names and signatures of the representatives from both parties (licensor and licensee), The date of when both representatives have signed the form. Furthermore, it will also offer probably the best way your business and its products will be identified today and if you’re lucky, maybe for the next one hundred years. 4.3 Termination of this Trademark Agreement is allowed immediately should either party break the terms of this contract. Because people are visual by nature, you cannot fault them for judging or identifying with a certain product they have loved for years, all in recognition of what these products symbolize. Soon after, the use of marks became the grounds and basis for proof of goods and merchandise ownership, as trading eventually became an evident part of society in the 10th Century. Trademarks whatsoever on or in relation to that product. This Trademark Assignment Agreement ("Assignment"), made effective as of the date set forth at the end of this document, is agreed to by and between the following parties: _____, ("Assignor"), having an address as follows: _____ and _____, ("Assignee"), having an address as follows: _____ RECITALS: WHEREAS, Assignor is the owner of a … Owner or the licensee by providing written notice 60 days in advance makes them more. 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