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If you are considering pursuing trademark licensing, contact our Ann Arbor, MI trademark licensing lawyer today for assistance. A trademark license is an agreement by which the trademark owner (the licensor) gives explicit permission to another party (the licensee) to use their trademark under agreed terms and conditions. If you believe that a trademark license is the right step to take for your brand, obtaining the counsel and assistance of a dedicated trademark licensing lawyer can help you ensure that all necessary steps are taken and that your interests are protected throughout the process. To discuss your case with our lawyers, contact the Trademark Lawyer Law Firm today to schedule a consultation.
Trademark licensing can be broken into six different categories — franchising, merchandising, brand extension, co-branding, component or ingredient branding, and standards. Regardless of the type or purpose of your intended trademark licensing, our Ann Arbor trademark licensing attorney can help you pursue an agreement.
Franchising is a type of license where a franchisee is permitted to use a popular business’ model and IP such as name, logos, strategy, and more in return for a franchise fee. Merchandising entails the licensing of trademarks, designs, characters, and other IP to manufacturers of consumer goods and products. Brand extension involves an agreement between two companies where one is given the right to use the trademark on their product, such as applying a logo to a product. Co-branding involves two or more trademark holders creating a product together with their trademarks. Component or ingredient branding is when someone licenses the right to use the trademark of a component of their product in the packaging and advertising for the product. Standards describes the licensing of the right to use a trademark of a product or company that provides a technical or quality-related standard for the product. Our lawyers can help you determine which type of trademark licensing is best for you and your needs.
There are many potential benefits of trademark licensing. Trademark licensing can help business and trademark owners increase revenue and revenue streams, expand their scope geographically or by entering another field, benefit from the business strength of another company, increase distribution, enter into beneficial partnerships, forge new business allies, create new advertising opportunities, and more.
Trademark licenses can be an effective method of growing a business or brand, as long as the trademark owner carefully ensures that terms, conditions, limitations, and protections for their trademark are included in the agreement. Our Michigan trademark licensing lawyer can help draft and review all documents to ensure that your rights and interests are protected.
Your trademarks are valuable. Our team knows how important it is to your business, brand, and income to ensure that they are protected in a trademark licensing agreement. We will work hard to provide the guidance and assistance that you need to navigate this process. To discover exactly how our lawyers can assist you with your case, contact the Trademark Lawyer Law Firm today to schedule a consultation.
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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