What is the difference between licensing and 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.
Is licensing a trademark?
Trademark licensing is an agreement in which a registered trademark owner, the licensor, grants another party, the licensee, permission to make and distribute products or services under that trademark. Licensing a trademark can have many benefits, including increased brand awareness and additional revenue.
What does licensing a trademark mean?
In trademark licensing, a trademark owner (Licensor) grants permission to another (Licensee) to use that trademark on mutually agreed terms and conditions.
How do you license and trademark a logo?
How to License a Logo
- Trademark and Logo Search. To register and trademark your logo, start by completing a search on the patent agency website.
- Logo Use. After the search reveals that your distinctive logo is not in use elsewhere, you are free to use it without registering it.
- Basis for Filing.
- Application.
How does licensing a patent work?
A patent license is an agreement that lets someone else commercially make, use, and sell your invention for a specified period. The owner of the invention (patent) is the ‘licensor,’ and the person who is receiving the license is the ‘licensee. ‘ Licensing deals involve payment for the license.
Do trademark licenses have to be in writing?
Although a trademark license agreement isn’t generally required to be in writing to be legally enforceable, it’s strongly recommended that all trademark licensing agreements be in writing and signed by both the licensor and licensee.
Can a trademark license be oral?
A trademark license can be oral; however, it is better to get the agreement in writing and signed by both parties in order to avoid potential problems down the road. The attorney will contact the owner of the trademark, i.e., the licensor, and ask for permission to use the mark.
What is the purpose of a licensing agreement?
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.
Can you license unregistered trademark?
Yes, you can license an unregistered trademark, service mark, or tradename.
What is licensing a logo?
Licensing: Leasing a trademarked or copyrighted brand identity, including brand name, logo, tagline, or other form of brand signature, to another business, usually for use on a product or product line.
How do you pitch a licensing deal?
Steps to License a Product
- Invent an original product.
- Research your market.
- Do a patent search.
- Consider filing a provisional patent application.
- File a patent application.
- Search for licensees.
- Sign a licensing agreement.
- Collect royalties.
What is trademark licensing and how does it work?
Contact a Trademark Attorney What Is Trademark Licensing? 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.
Are trademark licensing agreements legally enforceable?
Although a trademark license agreement isn’t required to be in writing to be legally enforceable, it’s strongly recommended that all trademark licensing agreements be in writing and signed by both the licensor and licensee.
What are the different types of trade licenses?
Types of Trade Licenses Exclusive License: The licensee gains sole commercial rights to the trademark. The licensor has no commercial rights, but gains a sum of money for entering the agreement. Sole license: The licensee and licensor can use the trademark. The licensor cannot license the trademark to a third party.
What is the difference between exclusive and non-exclusive trademark licenses?
Exclusive licenses may have limits on the products and location. Sole license: The licensee and licensor can use the trademark. The licensor cannot license the trademark to a third party. Non-exclusive license: The licensee, licensor, and any outside individuals the licensor also assigns a license to can use the trademark.