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What Must a Trademark Licensing Agreement Include?

When you register a trademark with the USPTO, you may not have considered allowing someone else to use it. Trademark licensing is an agreement where a registered trademarked owner or licensor grants another party known as the licensee the permission to make and distribute products or services within the trademark. The licenses pay the licensor a fee in order to use the trademark whether in royalties, lump sum payments or another payment type. Creating a trademark licensing agreement that is fair to all parties and still protects a trademark can be challenging.

Create Licensee Requirements

Your trademark is a valuable asset for a business. It’s important to analyze the potential licensee’s business plan. Are they financially stable? Are they well-managed? There are important things to consider as you won’t want to grant these trademark rights to a failing business who may misuse your trademark or won’t end up paying you at all. Next, you should determine how the potential licensee will use your trademark. You still have the responsibility to do quality control of your products, no matter who is using it. Establish the requirements that best reflect your brand in your trade mark licensing agreement.

What to Include in Your Agreement

Be as thorough as possible in your trademark licensing agreement including information on the legal names of the licensor and licensee, the type of license offered, any trademarks that are include din this agreement, the region where the licensee can offer goods or services in this agreement, quality control provisions on how the trademark can be used, payment information, and the effective dates for use of the trademark.

Call to Schedule a Consultation With a New York Trademark Lawyer Today

If you’re looking for legal guidance on trademark licensing agreements, call to schedule a consultation with one of our experienced lawyers today. The legal professionals at the law offices of Rubinstein & Associates PLLC can show you how to draft an agreement correctly by law. We serve the areas of Woodmere, Long Island, Lynbrook, Hewlett, Rockville Center, Cedarhurst and surrounding Nassau County communities. Visit our website at rubesq.com or call us at 516-268-7077  to schedule a consultation today.

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