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Licensing your Trademark

Licensing your trademark picIf you own a trademark , you may be interested in licensing it to be used by another party (the “licensee”). We can assist you with creating a licensing agreement whereby you (as “licensor”) allow the licensee to use the mark in commerce based upon mutually agreeable terms. A trademark licensing agreement should cover a wide variety of topics including:

  • Identification of the trademark(s) being licensed
  • Geographic territory where the license is allowed to use the trademark
  • Details regarding the nature and quality of the goods or services that may be offered under the mark
  • Required quality control provisions
  • Royalty terms
  • License terms
  • Whether or not the license is exclusive

As the owner of the trademark, it is important that you have the ability to monitor or control the licensee’s use. For example, a licensor will want to ensure that consumers obtain the same quality of goods or services regardless of whether it is the licensee or licensor that is selling the goods or providing the services. This why chain restaurants appear similar and provide the same quality of food, regardless of what state you are in.

One of the primary reasons you should consider trademark licensing is to generate revenue. Once your trademark reaches a certain level of recognition, you can make a significant amount of money by allowing others to use it. Additionally, trademark licensing provides you a means for expanding your business. In fact, your licensee may provide you benefits in areas such as marketing, distributions, sales or even manufacturing capabilities. Your mark is also likely to have increased consumer recognition because the more it is used, the more the public will become aware of it. Finally, trademark licensing can be used as a means for resolving infringement disputes. Rather than pursuing costly litigation, you may be able to convince the infringer to enter a licensing agreement.

The attorneys at The Swenson Law Firm provide a variety of business law services to entities of all sizes. Contact us today to schedule your initial consultation.

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