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 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. Nevertheless, the agreement should only take effect within the given period of time, as specified in the agreement form.
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
In addition, this license agreement for trademark usage lets you, the licensor, establish your own rules for your own trademarks, products, and/or services. 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.
Basic Trademark License Agreement Form
Trademark License Agreement Form Template
Trade Mark Licence Agreement Long Form
Trademark License Agreement Form
Sample Trademark License Agreement Form
Signing The Trademark License Agreement
What takes place after signing the contract is that you engage yourself in a legal agreement with the other party. In addition, you also grant them your permission or authorization that they asked for. But this license or consent should only be given after various grant reviews are conducted in response to their grant application. 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. And that there will be no act of such infringement. Therefore, the areas that you need to review to ensure that your licensee/s is or are worth your permission for using your trademarks, refer to the following:
- The company background of the licensees
- The business’s organizational structure
- The purposes, objectives, and goals of the licensee
- The business and licensing background check information
- The financial background, audits, and reports
- The success stories and experiences
- The interests for products and services
- The marketing information and strategies
These are few of the important things that you should include when you conduct a grant review of your licensees’ requests. By means of this, you are also able to guarantee that they are not taking you and your trademarks for granted. This is ensured when you specify the terms using the agreement form. 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.
Trademark License Agreement Sample Form
Sample for Trademark License Agreement
Trademark License Agreement Form in DOC
Trademark License Agreement Form Sample
The Specification of Trademark License Agreements
One way to assure that both parties are in a formal and legal accord is by specifying fair and sufficient stipulations. Therefore, refer below to be acquainted with what should be found in the license agreement form for trademarks.
- 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
The official statements in the agreement are acknowledged and specified with the use of various terms and conditions for the following below.
1. The Grant of License.
It is specified in the general statement that the license granted to the licensee is revocable, non-exclusive, and non-transferable.
2. The Quality Control.
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. You may also see sample lease agreement forms
3. The Retention of Ownership.
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. You may also like sample business agreement forms
4. The Termination.
This is with regards to the simple agreement form that the licensor may terminate any time, most especially when reason is due to noncompliance of the licensee to the other agreed terms and conditions stated in the form.
5. The Assignment of Trademark License.
This is with regards to the assigning or transferring of the licensed trademarks without the express prior written consent from the licensor. You may also check out free service agreement forms
6. The Licensee’s Responsibilities (for the license products or services).
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. You may also see sample partnership agreement forms
7. The Terms of Indemnification.
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. You may also like sample security agreement forms
8. The Relationship.
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.
9. The Disputes.
The disputes or arguments that cannot be resolved by both parties should be brought to an arbitrator, as what both have agreed.
These are few of the main terms and conditions that should be indicated in the license agreement form for trademarks. For more detailed information, download and browse over the forms that you find convenient for use. 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. This is to ensure that the licensee has been complying with the agreement terms. Moreover, the contract agreement often caters all the important matter that both parties should be aware of. In addition, the agreement also includes all possibilities that both may encounter. An example for this are the terms that both should take heed of in the event of any dispute or misunderstanding regarding the products and services.
Sample Trademark License Agreement
Fillable Trademark License Agreement
Fillable Trademark License Agreement Sample
Simple Trademark License Agreement Form
Non-Exclusive Trademark License Agreement
Basic Tips for Trademark License Agreement
The following list below are few basic tips that a licensor should take note of when making an agreement with the licensee.
1. 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.
2. Ensure that all the trademark policies that you want the licensee to take note of are specified and particularized in the general agreement form.
3. Do not forget to conduct a background check of the licensee and their company. By doing this, you will be able to ensure that they are worth for your permission.
4. Ensure that the terms and conditions are acceptable and considerable by your licensee.
5. Everything in the agreement form should be discussed thoroughly with the licensee. You may also see sample contractor agreement forms
The following below are few of the basic tips for a licensee to comply with.
1. Make sure that you have read all the terms and conditions that are written in the agreement form.
2. Ensure that all the information you provide are accurate, true, and correct from the best of your knowledge. You may also like sample management agreement forms
3. Make sure that you have understood everything in the contract agreement before affixing your signature.
4. Make sure that you comply with all the requirements, as stated in the form.
5. Make sure that you specify the purposes, objectives, or the reasons why you are acquiring for the trademarks of a company. You may also check out sample training agreement forms
6. When there are some simple statements that confuse you, seek for a professional person such as an attorney to help you understand each of the statement.
Technically, these trademark license agreement forms contain the mutually agreed terms and conditions between two parties. 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. Therefore, the rights to use certain intellectual property, particularly a trademark, is distinctly specified.
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