Are trademarks used under license [New Research]

Last updated : Sept 30, 2022

Is licensing the same as trademark?

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.

How do you license a trademark name?

1. Create requirements for prospective licensees.
2. Get it in writing.
3. Work with an experienced trademark attorney, who has knowledge in both drafting agreements and enforcing proper use.
4. Establish brand guidelines that clearly dictate how and where the trademark can be used.

Who can use trademarks?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.

Are trademarks intellectual property?

Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights.

What does it mean to license a trademark?

In trademark licensing, a trademark owner (Licensor) grants permission to another (Licensee) to use that trademark on mutually agreed terms and conditions.

What is trademark licensing used for?

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Who owns a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

Why is trademark intellectual property?

A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.

Can a trademark be copyrighted?

Both are legal protections for intellectual property, but not of the same kind. Intellectual property that can be trademarked cannot be copyrighted. Intellectual property that can be copyrighted cannot be trademarked. For example, a company can trademark its name and logo and copyright its videos and books.

Can a patent be licensed?

When a patent is licensed, an agreement is made between the patent owner (or the licensor) and the person or company that wants to use and benefit from the patent (the licensee). It permits the licensee to make or sell the product, design, or technology in the patent.

What is a licensed logo?

When you want to license or protect your logo, you need to register it with the U.S. Patent and Trademark Office. By registering your distinctive logo, you gain exclusive rights to its use.

What does it mean to license a copyright?

A copyright license gives a person or entity (“licensee") the authorization to use a work from the copyright owner, usually in exchange for payment. Copyright licenses may be exclusive or nonexclusive, and the rights that come with them vary according to the specifics of each license.

What is a patent license?

In short, a patent license agreement is a legal contract created to define the terms under which a licensee may create, sell, and use a patented invention from a licensor (or patent owner). This agreement also spells out how royalties will be paid to the licensor/patent owner.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

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Write a comment

hello my name is Monica Talley I'm a director in the trademark two set starring Kessler and we'll be speaking with you today about growing the market value of your brands and generating additional revenue through trademark licensing trademark licensing is the practice by which a trademark owner permits a third party to use its trademarks and the third party's use of the mark in ur is to the benefit of the trademark owner trademark licensing is a driving force behind the value and profit of many brands today it is estimated that global retail sales of licensed products account for more than two hundred billion dollars in sales annually trademark licensing is attractive to brand owners because it allows owners to extend brand awareness to new product or service categories that may not be feasible for a company to enter on its own licensing also quickly enables brands to penetrate new geographic markets in the past many top trademark license ORS were in the entertainment fashion or luxury brand space but many successful licensing programs today are based on corporate sports and collegiate brands one example of a terrific corporate licensing program is caterpillars foray into apparel and consumer products building on the success and reputation of its iconic brand for heavy machinery caterpillar has launched a profitable worldwide program involving the sale of licensed footwear clothing hats watches toys and other consumer products while the rewards to a successful licensing campaign can be great such arrangements must be entered into with careful consideration first licensing opportunities must be evaluated in the context of overall marketing strategy brands need to make sure that the licensed products make sense in terms of the brand's reputation and position in the marketplace second potential licensees need to be evaluated in terms of product quality and the overall health and desirability of the entity as a possible business partner finally legal documents that structure the relationship need to be carefully drafted to ensure that the mark continues to represent the quality that consumers have come to associate with the brand mismanage licensing programs may result in loss of control over the brand and damage to the company's reputation in particular license agreements a lack adequate quality control provisions maybe construed by a court to be a naked license in which to license or is found to have abandoned the rights in its mark on the flipside where a license or maintains an extreme degree of control or involvement in the design marketing and distribution of a product licensing could potentially expose a license or to product liability actions for defective or harmful products or to patent infringement liability and antitrust violations well there are many upside upsides to trademark licensing arrangements businesses need to enter into such agreements carefully with a little effort on the front end trademark licensing can become a valuable tool to enhance a company's bottom line please contact Stern Kessler if you have any questions about trademark licensing thank you

Thanks for your comment Tari Steenbergen, have a nice day.
- Emmie Jami, Staff Member

trademark licensing agreement what are they does your business need one and what provisions does the licensing agreement contain hey everyone my name is marcela dominguez and if you are new here i am on my exercise bike because my new year's resolution was to exercise more in 2021 so join me in today's video which is all about trademark licensing agreements and i hope you don't mind that i'll be killing two birds with one stone on my exercise bike now what is a trademark licensing agreement with a trademark licensing agreement you are allowing a licensee to use the value and the goodwill associated with a trademark so you're allowing them to use it typically on products and or services so you as the licensor are giving the licensee permission to use the trademark in a specific fashion now you as the licensor are able to approve that specific way in which they will use it so you as the licensors still have a lot of control over the permissions that you are giving to a licensee so if there are any doubts in your mind about what kind of provisions can be in that licensing agreement then rest assured that you can have it be very broad or you can have it be very specific now of course the more specific sometimes the better especially if certain things are going to bother you or if you're concerned about a licensee tarnishing your brand by using it in ways that you would not normally approve so with a trademark licensing agreement you are able to detail all sorts of things like how long is the licensing agreement a licensing agreement can be as short as maybe three to five pages or a licensing agreement can be as long as 50 to 100 pages now why the difference in the length of the licensing agreement well you can imagine that very very large brands let's just say fashion brands for example gucci versace tommy hilfiger nike puma whenever they license their brand whenever they license their trademark you can imagine that they're going to be very picky about the type of permissions that they give to the licensee in other words they're going to be very specific because they want to cover their butts in the events that the licensee uses it in such a way that ends up tarnishing the brand harming the brand or causing damage to the brand so by being very specific in the contract you're outlining things like what happens in the event of a damage or what happens in the event of a breach what happens in the event that the licensee breaks the contract and causes damage to my brand so what are the three different types of trademark licensing agreements the three types of licensing agreements are sole exclusive and non-exclusive so in a seoul licensing agreement the licensor and the licensee are able to use the mark so this is different from an exclusive license because in an exclusive license only the licensee is able to use the mark so in other words with an exclusive license only the licensee is able to use the trademark on products or services and it can still be approved by the licensor but only the licensee will be using the trademark in commerce in conjunction with products or services so that means that not even the licensor is going to use it so that means that if i own a brand let's say marcella tm and somebody wants to license marcela tm to put on some kind of educational product or educational service if i gave somebody an exclusive license that means that i would not even be able to use the marcella tm brand on my own products or services for whatever period of time is designated in the contract that means that the licensee the person that i'm giving permission to use it would be the only person who's allowed to use that mark in conjunction with products or services now to contrast that with a non-exclusive license if we have a non-exclusive license keeping with our marcella tm example me as the licensor can still allow other people to use the mark in other words i am giving permission to multiple users for the marcella tm trademark so that is very different from an exclusive license agreement and also from a sole licensing agreement so again with a non-exclusive licensing agreement it means that i can enter into a relationship with multiple parties and allow multiple parties to use my marcella tm trademark or my marcella tm brand and i have an agreement with each of those people so tell me in the comments down below if you are a registered trademark owner which licensing agreement would you prefer to have for your brand would you prefer to have a sole licensing agreement exclusive licensing agreement or non-exclusive licensing agreement so how do you make the determination as to which is better for you well i think that it will require a sit-down talk with an attorney who can help you achieve your goals so you're going to have to tell the attorney what your goals are are your goals centered around growing and having as much profit as possible and payments coming in in the form of royalties is one deal so lucrative that you really don't want to you know waste time looking for other partners and you're really assured that maybe soul licensing agreement would be to your benefit or do you want to kind of cast a wide net and have a relationship with lots of different people so that you can maximize the marketing opportunities of having that many relationships in front of you so do you have to have a registered trademark in order to enter into a trademark licensing agreement and the answer is you do not have to have a registered trademark to enter into a trademark licensing agreement however it is more common for you to enter into a trademark licensing agreement when you are the owner of a registered trademark what are some examples of trademark licensing agreements that you might have seen already well calvin klein is one of them so whenever you see the name calvin klein on a pair of underwear more than likely calvin klein was not the actual manufacturer of those goods so calvin klein entered into a licensing agreement with the manufacturer of apparel items like jeans socks and underwear so the manufacturer of those jeans socks and underwear is actually the licensee and so they had to get permission from the calvin klein brand in order to be able to use the name calvin klein on the underwear the socks and the jeans so it's not actually calvin klein that has manufactured these products rather it is the licensee that has manufactured these products and gotten permission from the brand owner to be able to use the calvin klein brand another very common type of licensing agreement is with universities so you see lots of people wearing their favorite memorabilia so sometimes you can catch people wearing their favorite sports logos on t-shirts caps jackets sweaters hoodies so if you wanted to use for example the duke or the university of texas at austin brands and put them on sweatshirts or t-shirts or hats or anything really you wanted to put it on mugs cups plates silverware then you would have to enter into a licensing agreement with the university of texas at austin or duke and get permission so that you can put their logo or their brand on the it

Thanks Victor your participation is very much appreciated
- Emmie Jami

About the author

Emmie Jami

I've studied mississippian culture at Heritage Christian University in Florence and I am an expert in museum administration. I usually feel listless. My previous job was casino cage worker I held this position for 15 years, I love talking about kayaking and camogie. Huge fan of Jesse Eisenberg I practice windsurfing and collect trading cards.