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If you are considering entering into a licensing agreement, our Michigan licensing agreements lawyer can help you ensure that your brand is protected as you do so. Licensing agreements can be efficient and effective ways to increase the visibility and profits of your brand and business, but there are important precautions to take to ensure that you and your trademark is not abused or taken advantage of in the process. Our experienced lawyers will help you draft and review all contracts and documents in order to ensure that your rights and interests are well represented and respected within your licensing agreement. To discuss your case with our team, contact the Trademark Lawyer Law Firm today to schedule an appointment with an attorney.
A trademark licensing agreement is an agreement made between two or more parties in which the owner of a trademark, also known as the licensor, gives qualified permission to the licensee(s) to use their trademark in a mutually agreed manner. There are many common types of licensing agreements including franchising, merchandising, brand extension, co-branding, component or ingredient branding, standards, and more. All of these agreements can be mutually beneficial for both the licensor and licensee(s), creating value, profit, and exposure for your trademark while crafting a potentially valuable partnership with a collaborator or competitor.
The job of our Michigan licensing agreements attorney is to ensure that your agreement adequately protects your rights as a trademark owner and accurately reflects your intentions for the partnership. This involves drafting and reviewing all documents and contracts and including important provisions that set the terms and conditions for the use of your trademark. These provisions often detail quality control specifications, the products that the mark can appear on or the services with which the mark can be used, the time span that the agreement covers, the conditions for renewing the agreement, any geographic limitations for the agreement, the compensation involved in the agreement, and the consequences for breaching the agreement.
There are many potential benefits of licensing agreements, and our MI licensing agreements lawyer will help you understand the full potential of the agreement for your brand. Common benefits of licensing agreements include the creation of additional sources of revenue, territorial expansion, the use of another party’s manufacturing or marketing capacity, the creation of new avenues of distribution, the development of strategic partnerships, and an increase in brand visibility and recognition. Understanding the full potential of your licensing agreements is crucial as you seek to maximize the value of the agreement and the benefits that it produces for your trademark and your brand.
When it comes to your trademark, it is important to take all precautions necessary to protect your brand and your business. Our dedicated and experienced licensing agreements lawyer has experience assisting clients with licensing agreements and knowledge of their common clauses and the best ways to maximize the benefits that you receive while also ensuring that you are thoroughly protected. To discover exactly how we can assist you with your licensing agreement, contact the Trademark Lawyer Law Firm today.
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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