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If you are considering collaborating with other companies or looking to expand your brand and scope with a trademark license agreement, our Ann Arbor, MI licensing agreements lawyer can assist you. A licensing agreement is an agreement between the owner of a trademark (the licensor) gives another party (the licensee) permission to use their trademark under explicitly stated terms and conditions. Licensing agreements can be very effective and profitable for both parties, but it is important to ensure that the agreement protects your trademark and your brand, and that your rights and interests are accurately maintained.
Our lawyers will work with you to ensure that all documents and contracts accurately and explicitly represent your needs and interests as a licensor. To discuss your case with our lawyers, contact the Trademark Lawyer Law Firm today to schedule a consultation.
Licensing agreements can be highly effective ways to promote your brand and increase business and profits as long as the correct provisions are implemented to protect your brand and limit the scope of the licensee’s use of your trademark. Common stipulations that are included in a thorough licensing agreement include the products that the trademarked IP can appear on, the time frame of the licensing agreement, the conditions for renewal of the agreement, the geographic limitation of the agreement, the compensation you are owed for use of the trademarked material, and the consequences of violating the agreement. Other stipulations can be added depending on the specific nature of your agreement and your desires for your brand.
Establishing these and other necessary conditions is an important part of ensuring that your trademark is protected in a licensing agreement. Our Ann Arbor licensing agreements attorney will help you draft and review all documents governing the agreement as you seek to safeguard your brand.
One important distinction between licensing agreements is that of exclusive, non-exclusive, and sole licensing agreements. Exclusive licensing agreements indicate that the licensee is the only party that can use the trademarked material. In a non-exclusive licensing agreement, the licensor has the right to grand additional licenses to other licensees. In a sole licensing agreement, both the licensor and the licensee are permitted to use the trademarked material. Understanding the benefits, drawbacks, and implications of these different types of licensing agreements is important for licensors. Our Michigan licensing agreements lawyer can help you determine which type of licensing agreement is best for you and your brand’s needs.
Your brand is an incredibly valuable asset for you and your business. Our lawyers understand how important it is to protect your trademark in a licensing agreement. With our knowledge and experience on your side, you can rest assured that your case and your trademark are in good hands. Our team is ready to help you with your licensing agreement. Contact the Trademark Lawyer Law Firm today to schedule a consultation today and allow us to begin assisting you with your case.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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