A trademark license is granted to legally permit a third party to make use of the Registered Trademark. University Policy 510 states all items bearing the university trademarks must be produced by a licensed vendor, and all items must be pre-approved by University Marketing & Communications, Trademark Licensing to ensure brand and trademark licensing compliance. Describe Policies: Administrative Guide 1.5.4: Use of Stanford trademarks and images Trademarks do not have to be registered in order to be valid. The person who uses a mark in commerce first obtains a trademark on that mark. This mark indicates where a good or service came from. It shows the source. The person who obtains a trademark on a mark also obtains the right to prevent others from using that mark in commerce. or to such other address, and to the attention of such other persons through the United States postal service, return receipt requested, this Agreement are license rights only, and nothing contained in Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. address] This law makes sure customers know what they're buying when they choose their favorite products. Rights and Remedies. Innovation is at the heart of Microsoft as a company. Intellectual Property Matters Agreement means the Intellectual Property Matters Agreement to be entered into by and between Parent and SpinCo or the members of their respective Groups in connection with the Separation, the Distribution or the other transactions contemplated by this Agreement, as it may be amended from time to time. Being proactive is important; unfortunately, enforcing trademarks can be difficult. first set forth above. Generally, companies must fulfill a stringent set of requirements to get a standard trademark license from another business entity: Example 1: Sally's registered mark "Sally's Samplers" for chocolate has boosted the sale of her boxed chocolates. Notice. The term of this Agreement shall be for [number of years] from Trademark License Agreement means the Trademark License Agreement dated as of the date of this Agreement between Honeywell and SpinCo. and may exercise, both during the term of this Agreement and Copyrights don't rely on publication. She decides to license the mark to a manufacturer that specializes in items for pets. Read newspapers, magazines, blogs, and websites. Licensor has adopted, has registered with the United States Patent Trademark Use (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. The first person to use a mark in commerce owns the trademark. later date is specified in such notice, termination shall be Trademarks will not be licensed for use in a manner that would reflect negatively on the Licensing takes place for a fee charged by the registered owner of the trademark. (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. The use of such license by the Collateral Agent shall be exercised, at the option of the Collateral Agent, upon the occurrence and during the continuation of an Event of Default; provided that any license, sub-license or other transaction entered into by the Collateral Agent in accordance herewith shall be binding upon the Grantors notwithstanding any subsequent cure of an Event of Default. There are numerous benefits to having a federal trademark registration. Different ways of licensing trademarks 3. Business The licensor usually sets the royalty amounts but may be willing to negotiate. the Effective Date; provided, however, that either party may The licensee usually creates a trademark licensing agreement, but a licensor can also create this document. The Heart-Shaped Hoe skyrockets in popularity, and now a major garden tools manufacturer wants to buy the mark and mass-produce the hoe. block letter and stylized form, Los Angeles Intellectual Property Lawyers, Philadelphia Intellectual Property Lawyers, San Francisco Intellectual Property Lawyers, San Antonio Intellectual Property Lawyers. The following guidelines generally apply: Businesses may use U of I trademarks in a non-permanent fixture (e.g., window painting, removable lettering on marquees) supporting a university event. acknowledged, the parties hereto agree as follows: Scope Criteria used to evaluate applications include the following: type of license requested, product quality, the licensee's licensing experience and appropriate fit with Stanford's image, market potential, existence of current licensees offering a similar product, product liability exposure and ability to meet licensees code of conduct requirements. The licensor receives a certain amount of money or royalties, a percentage of all sales, in exchange for sharing the trademark. Refer to our Terms of Use for more details. A trademark license represents permission to use Stanford's trademarks; therefore, all manufacture of products bearing Stanfords name and/or marks must be licensed. For example, MGM (Metro-Goldwyn-Mayer) would likely find and send a cease-and-desist letter to a community magazine using a logo that is like or copies MGM and the lion in a full-page advertisement for a Main Street jewelry store. Ongoing royalties earn the licensor a percentage of every sale. Stanford University Licensed vendors have agreed to abide by fair labor code-of-conduct, have indemnified the university, and are familiar with the trademarks and school colors. If a logo is artistic, the logo could be protected by a trademark and copyright. Get Legal Peace of Mind. form: e.g. This Agreement shall be interpreted, construed, and enforced Small companies without these resources can find enforcing their trademark more challenging. File a trademark application and other documents online through TEAS. The Collegiate Licensing Company (CLC) manages the licensing process for Stanford. Any use of Microsofts Brand Assets inures solely to Microsofts benefit and all use must comply with these Trademark Guidelines, or other licensing/contractual arrangements with Microsoft. Trademark processGet ready to apply. Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the Prepare and submit your application. Work with the assigned USPTO examining attorney. Receive approval/denial of your application. Maintain your registration. You should also learn as much as you can about your target market. Hire the top business lawyers and save up to 60% on legal fees. In order to protect and preserve Licensor's rights in the Trademark, Licensee understands, Consult with an attorney before using this document. CREFC Intellectual Property Royalty License Fee With respect to each Mortgage Loan (including any REO Mortgage Loan) and for any Distribution Date, the amount accrued during the related Interest Accrual Period at the CREFC Intellectual Property Royalty License Fee Rate on, in the case of the initial Distribution Date, the Cut-Off Date Balance of such Mortgage Loan and, in the case of any subsequent Distribution Date, the Stated Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date in the related Interest Accrual Period; provided that such amounts shall be computed for the same period and on the same interest accrual basis respecting which any related interest payment due or deemed due on the related Mortgage Loan is computed and shall be prorated for partial periods. Example 3: After the heart-shaped hoe incident, Sally promises herself that she won't make the same decision again. The license can help you control the use of your trademark, create a revenue stream for you, and help you support good relationships with the people who are already supportive of your brand. Add: noreply@upcounsel.com to your email address book. Notwithstanding the provisions of Section 4.1 of this Agreement, It does not constitute legal or change. Licensor retains the right to specify, from time to time, the format Copyrights protect individual and original artistic works, such as novels or songs. The license will not be shared with an outside individual or sold to an assignee, either in the United States or internationally. Marketable Trademark. The first thing you need is a money-making trademark. You need something that is creative, catchy, and marketable. Ownership. The next thing you need in order to license your trademark is legal ownership of your trademark. Agreement. Lastly, you need a written Agreement. filled in by the user. If approval is granted, the company will be given a standard trademark license and documented license agreements. ("Trademark") throughout the world in connection with Impairment If everything is in order, the company will be granted a. Stanford is a member of theFair Labor Associationand theWorker Rights Consortium. optional or conditional by the attorney community. Produce products following the entity's licensing standards. of Termination. including but not limited to a reasonable attorneys' fee, arising effective [number However, legal cases about written trademark license agreements are easier to resolve, less time consuming, and costly. Trademark law offers the most protection to marks of distinction. This includes badges to show designations or relationships between your product and Microsoft. The public should learn to recognize the common elements when they see them and link them back to you. If lyrics are reproduced, a licensee would arrange that reproduction with the music publisher, not the record company. use; and (ii) once Licensee's use of the Trademark in connection At this time, Sally and this manufacturer can decide whether to renew the license. Define the type and category of the asset you want to trademark. Create your profile today and gain access to free marketing and practice management tools. The articles and other headings contained in this Agreement are for No rights are granted to you other than as expressly set out in this Agreement. and entered into effective as of [date] Trademark Licensee means any corporation, partnership, limited liability company or similar legal entity (and not a person) that has a written trademark license agreement with Registry Operator or its Affiliate, for use of the registered trademark owned by Registry Operator or its Affiliate, the textual elements of which correspond exactly to the .Brand TLD string operated by Registry Operator, where: Patent License means any written agreement, now or hereafter in effect, granting to any third party any right to make, use or sell any invention on which a patent, now or hereafter owned by any Grantor or that any Grantor otherwise has the right to license, is in existence, or granting to any Grantor any right to make, use or sell any invention on which a patent, now or hereafter owned by any third party, is in existence, and all rights of any Grantor under any such agreement. rights granted to Licensee by or in connection with this Agreement; Learn how one trademark attorney uses trademark defenses, such as fair use, and other In addition, the proposal and application must be accompanied by: The business entity reviews all documents to determine whether the requestor meets the business's licensing criteria. is initially approved by Licensor, any subsequent alteration, Anyone wishing to produce and sell merchandise featuring Stanfords trademarks (emblem merchandise), including fulfilling orders placed by internal Stanford groups, must be licensed. The licensor usually receives an advance royalty and ongoing royalties as part of a licensing agreement. When you understand your target market, you'll be better equipped to find a licensee and license agent that match your goals. Subject to the terms and conditions set forth in this Agreement, Licensed products are items that people would pay money for. This Observe people in your target demographic. Reasons to Consider Using Trademark Licensing. By registering to download this document, you agree to our, Customize This Document to Better Protect You. If your proposed use falls outside of these Trademark Guidelines or the Specific Brand and Product Guidelines linked above, the use is not permitted unless you seek approval from an appropriate contact within Microsoft. The license restricts the mark's use to the specific product. Entire after the date such notice is given. When a trademark is assigned, the licensor typically transfers all aspects of the trademark: A trademark's new owner must file paperwork with the United States Patent and Trademark Office (USPTO) within three months of the trademark assignment's completion. Microsoft expressly reserves the right in its sole discretion to terminate, revoke, modify, or otherwise change permission to use its Brand Assets at any time and expressly reserves the right to object to any use or misuse of its Brand Assets in any jurisdiction worldwide. To be eligible for legal enforcement, a trademark license agreement doesn't need to appear in writing. Intellectual Property Agreement has the meaning set forth in Section 3.1(p). Proposing a licensing agreement may be a better way to handle a blogger or fan community infringing on copyright than a cease-and-desist letter or lawsuit. Trademark Use and License Sample Clauses | Law Insider Your own library. by and obtained by Licensee as a result of or in connection with shall only use or display the Trademark in a format approved by Copyrights have a term of 50, 75, or 100 years, depending on who owns them. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Software License Agreement means the Motorola Software License Agreement (Exhibit A). In general, wordmarks can be used to truthfully convey information about your product or service, as long as customers and the public will not be confused into believing Microsoft is affiliated with or endorses your product or service. and. Post your legal need through UpCounsel and receive custom quotes from experienced trademark lawyers. Licensor. They include Microsoft 365, Microsoft Azure, Microsoft Surface, among others. If you have any questions about the licensing process, please contactCLC. phrase "Reg. See Specific Brand and Product Guidelines section for more information on use requirements. parties hereto. License - Permission to take certain actions or carry out particular activities that would otherwise be unlawful or infringing. Check application Trademarks protect the attributes that promote commercial goods or services, such as product names and logos. Certain Brand Assets have Specific Brand and Product Guidelines providing guidance on how to use them. Trademarks vest once theyre in commercial use, so you dont need to register a trademark in order to have one. However, registering a trademark makes it easier to enforce while offering wider protection. If your business sells products, you may wish to register your business name for trademark as well as your products. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation. Typical royalty amounts vary depending on the product and trademark. Her Aunt Lucy had made the hoe many years ago. A list is available under the Approved Vendor tab, or on the drop down menu on the Trademark Use Request form. We have created these Trademark Guidelines to help clarify proper usage of our brand assets. attempts to assign, sub-license, transfer or otherwise convey, Businesses screen potential licensees to make sure they are financially secure and well run enough to use their trademark. of License. Trademark License Agreement Buyer shall have executed and delivered to Sellers the Trademark License Agreement. This compensation is also called consideration. Email: Navylicensing.fct@navy.mil. connection with the [Describe Trademark License means any written agreement, now or hereafter in effect, granting to any third party any right to use any trademark now or hereafter owned by any Grantor or that any Grantor otherwise has the right to license, or granting to any Grantor any right to use any trademark now or hereafter owned by any third party, and all rights of any Grantor under any such agreement. These products typically include apparel, stationery, bags, and novelty items. License Agreement means the agreement between SAP (or an SAP SE Affiliate, or an authorized reseller) and the Customer under which Customer procured the rights to use SAP Software or a Cloud Service. You could hire someone to create your own materials under a work-for-hire agreement. Transmission of this form and the information contained herein It is a common practice by foreign companies, the tech companies, in particular to provide TM License in other countries so that their trademark can be exploited in those countries. Licensor's prior written consent. limited to Licensee's right to use the Trademark, shall UW Trademarks & Licensing is committed to supporting retail sales of licensed product in a variety of ways, including national and local campaigns, POS materials, and access to athletic event tickets for promotion and media support. trademark licenses means all licenses, contracts or other agreements, whether written or oral, NOW, gm0Z:JYq?j,V+QLl5QbIA(1:pjge>G Qiqk68FEW6'Yi0z@:l;_~y8&mM(xz1 &>_}>r:izXMdAf[Cz=zti7Ge%A4.":t|h4Xryy"E ,mzfWXvI(y?d1LKtqh4|8q1 i?Vo~2NGM|e\Fq4?$xFQGChQ`yMM`}aeY4oO/v> /iwt|-n$)6 N'(/FYnt:'aGT6 oq*x| B this Agreement and all rights granted hereby, including but not Creating a family of trademarks, with common elements uniting the marks, can be to your advantage. When a large candy maker decides it wants to use the mark, the company offers to buy it from Sally. You may not use Microsofts Brand Assets in a manner that implies Microsoft published, developed, endorsed, is affiliated with, or is otherwise connected with your app. Patent License For patent claims including, without limitation, method, process, and apparatus claims which You or Your Affiliates own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). of this Agreement. The firms services include: Trademark in-use investigations, providing evidence on the use of a Under common law, ownership is conferred through first use of a trademark including use by a licensee. Licensee acknowledges and agrees that the rights granted to Licensee You can sell directly to consumers using your own e-commerce website. Licensee's right to use the Trademark, shall expire upon termination The license will last for a set amount of time. This means that you must have a trademark that is registered with the federal government. WebA trademark license agreement allows the licensee to use (but not own) the licensors trademark in connection with agreed-on products or services. 5. IP Agreement is that certain Intellectual Property Security Agreement executed and delivered by Borrower to Bank dated as of the Effective Date. By Mail: Department of the Navy Office of Naval Research Office of Counsel 875 N. Randolph Street Suite W515A Arlington, VA 22203. Except when a license agreement is involved, other businesses should not be able to profit from someone else's trademark. You may require additional clause(s) to better protect you or your clients business from potential legal issues. Submit all required forms and sign all required agreements, including a licensing application, license agreement and code of conduct agreement; Submit product art and information, and send product samples that CLC will send to Stanford Trademark Licensing for review and approval; Provide proof of product liability insurance; Purchase Officially Licensed Collegiate Product (OLCP) holograms for product labeling; Pay administrative fees, advances and royalties. LEGAL NOTICE: We strongly suggest you have this document customized to your unique situation, because you might require additional clause(s) to better protect your business from potential legal issues. Harvard University is one example of an entity that regularly enters into trademark licensing agreements. Obtaining a trademark license means getting temporary Promotional materials are not held to this same standard as they're usually given away to promote a business or brand. 7. For instance, a trademark owner may grant a license to another party, allowing that party to use the trademark owner's trademark. Some licensors and licensees are reluctant to share the confidential information in their trademark license agreement with the public. Description: Azure To Go brings the Azure cloud services to your mobile phone. FindLaw's Lawyer Directory is the largest online directory of attorneys. Image/screenshots: . Name] Non-Assignment. Examples: What Could Happen When You Sell or License Your Trademark? Every use of the Trademark by Licensee shall incorporate in an In these cases, a redacted agreement or separate document referring to the license may be filed. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person. reference purposes only, and shall not affect in any way the meaning If everything is in order, the company will be granted a standard trademark Trademarks must be protected. Harvard's Trademark Program governs licensing of the university's trademarks on products sold domestically. Therefore, they must meet high-quality standards. If you do not see an email from UpCounsel in the next few minutes, please check your spam box. These types of marks hold a secondary meaning. WebUniversity of Washington licensed products are carried at a variety of retail locations and online stores. Licensee's rights or obligations under this Agreement without No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. desired use] Below is a general outline of the steps for filing a trademark license agreement. Term. In general, you may do the following with Microsofts wordmarks and names of software, products, or services: Without a written license or express permission under one of Microsoft's other published guidelines (e.g., Specific Brand and Product Guidelines below), dont do the following: Without a license arrangement with Microsoft, everything about your app (including developer name, app name, logo, description, screenshots, and other app collateral) must be unique to you and free of Microsofts Brand Assets. No claim or litigation regarding any of the foregoing is pending or threatened, and no patent, invention, device, application, principle or any statute, law, rule, regulation, standard or code is pending or, to the knowledge of the Company, proposed, which, in either case, could reasonably be expected to have a Material Adverse Effect. appropriately licensed attorney, including without limitation to review and provide advice on the terms of this However, Anti-corruption & anti-bribery commitments, Report copyright & trademark infringement, Publications, seminars, and conferences guidelines, Microsoft Partner Network (MPN) Brand Guidelines, Dont miss Contosos Memorial Day sale featuring a limited time discount on. Hire the top business lawyers and save up to 60% on legal fees. Patent License Agreement means the particular Patent License Agreement to which these Terms and Conditions are attached and incorporated into by reference. SATISFACTION GUARANTEEDOn All jobs booked with a verified attorney and paid for over UpCounsel. The licensing of the trademark allows the registered proprietor to let others use the mark without assigning the ownership of the mark. IP License Agreement means the Intellectual Property License Agreement by and between Ironwood and Cyclerion, in the form attached hereto as Exhibit B. Sublicense Agreement means any agreement or arrangement pursuant to which Licensee (or an Affiliate or Sublicensee) grants to any third party any of the license rights granted to the Licensee under the Agreement. of the Trademark in accordance with Section 2 of this Agreement; terminate this Agreement, with or without cause, by delivering Definition of trademark licensing 2. out of or in connection with claims relating to an attempted You will find information about the various types of licenses available, the estimated costs for obtaining a license and the projected timelines to complete the licensing process on theCLC website. 1. business day immediately following transmittal. WHEREAS, When she moves into her rustic mountain retreat, she discovers a heart-shaped hoe in the garden shed. this Agreement, do or cause to be done any act or thing challenging, Under the Trade Marks Act 1995, licensors must keep control over the authorized use of their trademarks. Trademark holders should act quickly to stop dilution, which is a type of trademark infringement. The Trademark Licensing Program ensures that each use of the Universitys name is professional, tasteful, and of a quality that reflects positively on the University. For the avoidance of doubt, the CREFC Intellectual Property Royalty License Fee shall be payable from the Lower-Tier REMIC. The next thing you need in order to license your trademark is legal ownership of your trademark. Trademark (the "Licensee"). WebThe university trademarks have been registered in the state of Ohio and the United States since 1974, and continue to expand overseas. Grant of License to Use Intellectual Property For the purpose of enabling the Collateral Agent to exercise rights and remedies under this Article at such time as the Collateral Agent shall be lawfully entitled to exercise such rights and remedies, each Grantor hereby grants to the Collateral Agent an irrevocable, non-exclusive license (exercisable without payment of royalty or other compensation to the Grantors) to use, license or sub-license any of the Collateral consisting of Intellectual Property now owned or hereafter acquired by such Grantor, and wherever the same may be located, and including in such license reasonable access to all media in which any of the licensed items may be recorded or stored and to all computer software and programs used for the compilation or printout thereof. The geographical scope of a trademark licensing agreement is another Generic marks are common words that describe a product. All three case studies relate to the valuation of a trademark which is based on observable license agreements and peer group analysis, and which was published in the public domain. of Services]; Trademark Licensing Agreement (the "Agreement") is made executed by their duly authorized representatives as of the date WebApplying for a Commercial Use License. Sally has witnessed how this business situation works. Additional filters are available in search. People can enter copyright licensing agreements, just as they do trademark licensing agreements. [Scope In Share it with your network! notice so addressed and mailed shall be deemed duly given three (3) WebUse of U of I trademarks by organizations that are not affiliated with U of I will be reviewed on a case-by-case basis. Visit Use of Use of Microsoft copyrighted contentto learn how to use photography, box shots, and screenshots. Notice and Acknowledgment. Ensure You Are Protected. Company Licensed Intellectual Property means all Intellectual Property that is licensed to the Company by any third party. Recent case law can help to determine which party has the right to enforce the licensed mark where an infringement suit arises. and arrangements between the parties, whether oral or written, and See Specific Brand and Product Guidelines for more information. To help you understand what you can and cant do with Microsofts Brand Assets, we have created this non-exhaustive list of Dos and Donts. Format. Licensee - A party who has obtained a license from another. Copyrights, Patents, Trademarks and Licenses, etc The Company or its Subsidiaries own or are licensed or otherwise have the right to use all of the patents, trademarks, service marks, trade names, copyrights, contractual franchises, authorizations and other rights that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. first date of Licensee's use of the Trademark in connection with the These Trademark Guidelines, which may be updated from time to time, detail how our Brand [Use If invited, the trademark license requestor can apply for a license. document is not a substitute for legal advice or services. While enforcement is vital for maintaining a trademark, small businesses can damage customer goodwill if they handle this issue carelessly. Applicable Agreement. communication required, permitted, or desired to be given hereunder Furthermore, Microsofts logos, designs, and icons can never be used as your app icon and can only be used in your app advertisements with a license agreement in place. For example, the words gnocchi and tomato sauce could not be protected by a trademark for a food product cooked in the microwave. Cross License Agreement has the meaning set forth in Section 1.3(b). Contoso app is certified for Microsoft Teams. Name], Intellectual Property Agreements means all licenses, sublicenses, consent to use agreements, settlements, coexistence agreements, covenants not to xxx, permissions and other Contracts (including any right to receive or obligation to pay royalties or any other consideration), whether written or oral, relating to any Intellectual Property that is used in or necessary for the conduct of the Business as currently conducted to which Seller is a party, beneficiary or otherwise bound. Our blog series How to Make Money with Trademarks series outlines the application process and the steps that you need to take to register your federal If approval is granted, the company will be given a standard trademark license and documented license agreements. These words can't be protected by trademark laws. An intention statement explaining the individual's reasons for pursuing the license, A company background summary with a mission statement, business goals, and history, A detailed list of any proposed products or services to be licensed, A list of any business affiliations the requestor uses to maintain its licenses, A copy of the certification of membership with the Fair Labor Association (FLA), Written confirmation of commercial general liability insurance. Effect consideration, the receipt and sufficiency of which are hereby A trademark is diluted when similar trademarks get used in any context. Retailers A copyright agreement isn't needed for many old paintings which are now in the public domain. WebThe Trademark Licensing Program and their licensing agent, IMG College Licensing, negotiate and administer licenses with manufacturers that wish to trade upon the University name. Licensee shall not assign, sublicense, transfer, or otherwise convey Once your profile is complete, you will be reviewed for the UpCounsel Marketplace where approved attorneys can find and manage new or existing clients, backed by the UpCounsel guarantee. Contoso software works with Microsoft OneDrive, Contoso is a new device designed for Microsoft Teams Rooms, Contoso is a three-dimensional model city created by students using, Join us for a seminar about mixed reality in the real estate industry, including the use of the, Follow these steps to format mail merge letters using, The Contoso case has met Microsofts accessibility requirements for, ContosoYour one stop shop for all things, Image/screenshots: . Trademark law prevents unfair industry competition by making sure intellectual property remains distinctive so that consumers don't become confused among brands. Any The Licensee will not, directly or indirectly, use the Marks in any other way and without limiting Articles Sample Clauses. Trademark licensing is a type of merchandise agreement. Licensee desires to use the Trademark, in both [Describe She develops a new invention called "Cat Call," a device that allows a cat owner to call a cat-back indoors after it takes an outdoor bathroom break. automatically terminate without notice from Licensor if (i) Licensee }rH )@$m]Kw7E(e(\TA-3b~~~KeV=C,gs}u0&7^-; This These include provisions that: A trademark license can become a very complex and long document, easily reaching 100 pages, if it has multiple marks, products, geographic locations, and financial provisions. End User License Agreement or XXXX means the software license agreement terms and conditions for the Apple Software. without first obtaining Licensor's written consent, any of the The license agreement runs only five years. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Copyrights, Patents, Trademarks and Licenses, etc, Patents, Trademarks, Copyrights and Licenses, Grant of License to Use Intellectual Property. The license type, and rights granted, will depend on the proposed use of the product and whether the applicant is a licensee or sponsor of the University. Complete and return the license agreements for the business entity's review. Correctly represent the business entity's trademarks, Provide product samples for quality assurance and correct trademark usage, Keep commercial general liability insurance, Support Fair Labor Association (FLA) membership and abide by the FLA Code of Conduct, Provide artwork for review and approval before any material is produced, Pay any licensing fees (such as administration fees), Submit royalty reports and, if necessary, royalty payments, Greeting cards and gift wrap: 2 to 5 percent, Household items (cups, sheets, towels): 3 to 8 percent, Fabrics, apparel (T-shirts, or caps) decals, bumper stickers: 5 to 10 percent, Income, royalties, and claims linked to the mark due or payable on or after the assignment's completion. The advance royalty is a flat sum paid at the start of the agreement. Licensee understands, acknowledges, and agrees that (i) prior to the The marketing Note what they're wearing, how they spend their leisure time, and what their purchase decisions involve. Once agreed upon, the royalty amounts and payment frequency should be detailed in the licensing agreement. registrations derived from such rights. Trademark licensing is riskier than trademark assigning for the licensor because this individual retains a stake in the trademarked goods or services. of Licensor's Rights. Any [GREEN] highlighted language is intended to be Proprietary Rights and Licenses 7.1 Subject to the limited rights expressly granted under this Agreement, we and our licensors reserve all of right, title and interest in and to the Sage Services and Content, including all related intellectual property rights. Waivers. invalidate any of Licensor's rights in the Trademark or any Arbitrary, fanciful and suggestive marks are Both parties usually agree upon the terms before creating a trademark licensing agreement. WebUse of Trademarks. WebManager, Trademark Licensing . The license can be recorded with the USPTO's Assignment Services Division. Description: Contoso App allows you to access Microsoft OneDrive content and share it with your CRM contacts at the push of a button. If you are a partner integrating your product, service, or solution with a Microsoft technology including but not limited to Microsoft 365, Microsoft Office, Microsoft Power Platform, Microsoft Azure, Microsoft Teams, and Microsoft Dynamics 365, visit the guidelines for partner-led marketing for more detailed information. is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. If Sally sells the mark to the candy maker, she can no longer use it and the candy maker can use her mark however it chooses to do so. What Is Trademark Licensing? The licensor will approve all advertising and promotional materials before any marketing content gets distributed. Proposing a trademark licensing agreement, rather than threatening to sue, is a good way to support goodwill. or officers as either party may designate by written notice. Stanford employs a licensing agent, the Collegiate Licensing Company (CLC), to assist in licensing administration and trademark protection. This record makes the licensee's right to use the trademark public record. and; WHEREAS, securities law and other legal issues contemplated by this form or the transactions contemplated by this form. Trademark licensing is a type of merchandise agreement. WHEREAS, Pay the trademark application fee. Third parties, including licensees, may never claim ownership rights in Microsofts Brand Assets, or brands that are confusingly similar to Microsofts Brand Assets, in any manner, including without limitation as a trademark, service mark, company name or designation, domain name, social media profile/handle, or in any other manner. UpCounsel provides a sample trademark licensing agreement. The Office of Trademark and Licensing is responsible for the registration and use of the Ohio State brand on products and services; university promotions and advertising; sponsorships; and affinity programs. This will help ensure future email delivery. royalty-free license to use the Trademark in connection with the Microsoft is grateful for the trust that people place in our products, services, and experiences. block letter and stylized form], hand, shall be deemed given when delivered, and if telecopied, More about the Collegiate Licensing Company and the licensing process can be found on the CLCwebsite. All Microsofts Specific Brand and Product Guidelines are incorporated in these Trademark Guidelines. Provide more info about the trademark and the business you run. License Agreements shall have the meaning set forth in Section 8.11 hereof. l}48=o/b:~?hwONd= ty2J4d`i2x:w; r{ yq3|Tmkl-a}1.Clzt,A=U`5m?G_fp=/Yq^q%%*l9=Sl0C{t6DJt~fQ/]Ot~M2]N9o)riL]1fQ]7my4 c,u;;Ly8l"m@t8/]YGI/t6T y>No1pqrW;N.sR$m{ CSQ8H.*[,a08w;0tj= 1a~zw9ki2rb?Sj3 c2=|QazHvp\?kE5{Y.&i. pursuant to, and in accordance with, the laws of the State of Trademark Rights Any and all past, present or future rights in, to and ---------------- associated with the Trademarks throughout the world, whether arising under federal law, state law, common law, foreign law or otherwise, including the following: all such rights arising out of or associated with the Trademark Registrations; the right (but not the obligation) to register claims under any state, federal or foreign trademark law or regulation; the right (but not the obligation) to xxx or bring opposition or cancellation proceedings in the name of the Assignor or the Agent for any and all past, present and future infringements or dilution of or any other damages or injury to the Trademarks, the Trademark Rights, or the Associated Goodwill, and the rights to damages or profits due or accrued arising out of or in connection with any such past, present or future infringement, dilution, damage or injury; and the Trademark License Rights. rights and obligations. Trademark Agreement the Pledgor Trademark Security Agreement, dated as of the date of this Agreement, made by the Pledgor in favor of the Agent and the Lenders. This includes items manufactured for internal use by students, (ii) Licensee fails to obtain Licensor's approval of Licensee's use constitute one and the same Agreement. and Trademark Office and the trademark offices of various foreign Trademark licensing is the process wherein a registered proprietor of a trademark authorises a third party to use the mark in the course of trade without transferring the ownership of the mark. Stanford takes seriously its commitment to social responsibility and has adopted a Licensee Code of Conduct that is incorporated into its licensing agreements. Similar trademarks leverage off the original trademark's reputation. (the "Effective Date") by and between [Company form, the appropriate approvals required in connection with the transactions contemplated by this form, and any Download this trademark licensing agreement for free. A similar or even the same artistic work may be permitted under copyright law if the work created did not get influenced by original work. Director, Army Trademark Licensing Program 2530 Crystal Drive, Suite 4150 Arlington, VA Law. Company License Agreements means any license agreements granting any right to use or practice any rights under any Intellectual Property (except for such agreements for off-the-shelf products that are generally available for less than $25,000), and any written settlements relating to any Intellectual Property, to which the Company is a party or otherwise bound; and the term Software means any and all computer programs, including any and all software implementations of algorithms, models and methodologies, whether in source code or object code. Share it with your network! Trademark licensing should not be confused with trademark assigning, which sees a total change in a trademark's ownership. WebTrademark Use and Licensing Stanfords trademarks (Marks) are valuable assets and our rights in these assets are protected by trademark and other intellectual property laws. It also forms a continuing relationship between the licensor and licensee, which has the potential to sour. This money makes sure the licensor receives something for sharing trademark rights, even if the product doesn't sell. The new invention skyrockets and Sally again gets offers from other brands. otherwise inconsistent with, the restrictions imposed by or in (iii) Licensee uses the Trademark in a manner in violation of, or Any [YELLOW] highlighted language is considered Intellectual Property License Agreement shall have the meaning set forth in Section 6.11. Reseller agrees not to use any other trademark or service mark xx connection with any of the Vendor Trademarks without prior written approval of Vendor. & Tm Off.". This Agreement may not be modified, amended, altered, or or interpretation of the terms of this Agreement. WebFor product or promotional purchases, you must use an authorized licensed vendor. 2. WebThis contract agreement is often utilized for two main reasons: it is either you are a licensee who seeks for some permission or authorization in order to use the trademarks of a company, or you are a licensor who gives the authorization for someone to use your licensed trademarks for your products and services. U.S. Pat. UpCounsel accepts only the top 5 percent of lawyers to its site. Similarly, you don't need to record company permission or a copyright agreement to use music in merchandise if the music is not copied from the original recording. These professionals can manage everything from contract negotiations and product development to product packaging and merchandising. [Descibe This decision gives Sally the control she wants, but it also reduces the mark's value for the entity that buys the mark. Licensee shall obtain Licensor's approval of all aspects of such Want High Quality, Transparent, and Affordable Legal Services? This Agreement may be executed in several counterparts, each of Intercompany License Agreement means any cost sharing agreement, commission or royalty agreement, license or sublicense agreement, distribution agreement, services agreement, intellectual property rights transfer agreement, any related agreements or similar agreements, in each case where all parties to such agreement are one or more of the Company or a Restricted Subsidiary. This is a standard trademark licensing agreement for parties who wish to license trademarked material. A trademark licensing agreement can boost your business, but it shouldn't be entered into lightly or without legal representation. United States. You should not rely upon this document or information for any purpose without seeking legal advice from an Assignment. Strike up conversations with them to get to know them better. A trademark license represents permission to use Stanford's trademarks; therefore, all The licensor and licensee have specific responsibilities when the license ends. Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Name Licensing Agreement means that certain Name Licensing Agreement included in Part D of the Series Instrument, between Allstate Insurance Company and the Trust, as the same may be amended, restated, modified, supplemented or replaced from time to time. This form has been prepared for general informational purposes only. Unless otherwise provided herein, any notice, demand, or Any trademark license agreement about a trademark registered with the USPTO can be registered. provision of this Agreement shall not operate as, or be construed to of or in connection with Licensee's breach of this Agreement, misuse constitutes the entire agreement between the parties. Was this document helpful? Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies such as Google, Menlo Ventures, and Airbnb. WebTo get the necessary help, do the following: Visit DoNotPay and navigate to Trademark Registration. These include logo lockups for flagship offerings, which are offerings that are aligned to and signal Microsofts long-term strategic intent. of Trademark], Trademark Use. Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Most attorneys on UpCounsel offer free consultations. for the mutual benefit of Licensor and Licensee. This effort can give you a greater protection for future trademarks incorporating those familiar elements. telecopy, by facsimile, or by registered or prepaid certified mail be, a waiver of any subsequent breach of the same or other provision While retail stores can give licensed products great exposure, many businesses have found success online. Trademarks prevent businesses from creating the same or similar elements to promote their own goods and services that could confuse or mislead the public. She agrees to sell the rights to the mark, but not the right to create derivative marks. There are no exceptions. THEREFORE, in consideration of the above premises, the mutual shall be in writing and shall be delivered by hand, by telex or Goodwill linked to the mark. Licensor, subject to the terms and conditions set forth in this There may be addressed as follows: [List Technology License Agreement means the Technology License Agreement, dated as of the Closing Date, between Dynavax and Holdings. The licensor receives a certain amount of money or royalties, in exchange for sharing the trademark. Licensee shall indemnify and hold Submit a written request to a business entity for review and evaluation of the trademark license requestor's product or service offerings. for Cause. Amendments. Licensors Control. If they don't maintain financial control over trading activities and quality control over the products and services associated with trademarks, they could lose the rights to them in the future. telexed, or sent by facsimile, shall be deemed given on the first Licensee shall not at any time, whether during or after the term of connection with Section 3 of this Agreement; or (iv) Licensee uses covenants set forth below, and other good and valuable Coast Guard license requests are reviewed based on a rigorous set of standards that enable the trademark program to evaluate the quality of the proposed licensed products. Drawings and diagrams attached as an appendix in the license agreement make the product itself clear. Licensee acknowledges and agrees that Licensor has, shall retain, A trademark or service mark is a name, design, seal, Trademark applications intent-to-use (ITU) basis Trademark applications intent-to-use (ITU) basis If you have not used your mark in commerce yet, but have a good faith intention to do so in the future, you can file an application to register your trademark or service mark with an intent-to-use (ITU) filing basis. Intellectual Property License means any license, permit, authorization, approval, contract or consent granted, issued by or with any Person relating to the use of Intellectual Property. which is not expressly permitted by this Agreement. Counterparts. form: e.g. Licensee shall make no other use of the Trademark. Managing the program with in-house resources helps protect the university's name, values, and reputation. Since Sally is not familiar with trademark law, she doesn't realize her decision won't protect her against others who want to use "Aunt Lucy" in connection with products or services that meet Sally's disapproval. Trademark Licenses means all licenses, contracts or other agreements, whether written or oral, naming any Grantor as licensor or licensee and providing for the grant of any right concerning any Trademark, together with any goodwill connected with and symbolized by any such trademark licenses, contracts or agreements and the right to prepare for sale or lease and sell or lease any and all Inventory now or hereafter owned by any Grantor and now or hereafter covered by such licenses (including, without limitation, all Trademark Licenses described in Schedule II hereto). The International Licensing Industry Merchandiser's Association and License magazine are both resources you can use. The trademark law only protects distinctive marks. harmless Licensor against all liability, costs, and expenses, contesting, impairing, invalidating, or tending to impair or supplemented except by an agreement in writing executed by the Rather than using trademark logos, you could hire an artist or photographer to create images for your merchandise. Licensor prior to implementation of such alteration, modification, No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto. Trademark law also gives trademark holders exclusive rights to their intellectual property and legal solutions if those rights get breached. Proper The creator of the artistic work or a person or entity the creator names owns the copyright. IN Any breach must be remedied in a specific time frame, Products promoting gambling, betting, or lotteries. These types of marks include: Commonly used words receive less protection unless they have developed public recognition during a long market history. University licensees are required to join and maintain membership in the FLA and adhere to itsWorkplace Code of Conduct. These Trademark and Brand Guidelines (Trademark Guidelines) detail how you can help us protect Microsofts brand assets, including logos, names, app and product icons, and the trust that they represent. Trademarks, Franchises, and Licenses The Borrower and its Subsidiaries own, possess, or have the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, know how, and confidential commercial and proprietary information to conduct their businesses as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. The International Licensing Industry Merchandiser's Association, Are All Trademarks and Names Legally Protected, How Much Does It Cost to Trademark a Name. Complete and return the license agreements for the business entity's review. Stanford, CA 94305 of the Trademark, or any other use of the Trademark by Licensee which shall be an original, but all of which together shall Fashion and consumer products concerned with sports and entertainment are often sold under a trademark licensing agreement. The only exception is that you may truthfully state whether your app is compatible or interoperable with a Microsoft product or service within the text description about your app. Harvard will not license the university's trademarks on the following products: The program gets coordinated using in-house resources, with staff responsible for managing the process, from identifying prospective licensees to contract negotiations. Termination and Other Headings. They should feel confident that products and services with a familiar trademark are of expected quality. You may find the following helpful if you didnt find what you were looking for above. Legal experts strongly recommend that all trademark licensing agreements get documented in writing and become signed and dated by both the licensor and licensee. advice, advertising, a solicitation, or tax advice. 13 min read. days after deposit in the United States mail, and if delivered by All rights granted by this Agreement, including, without limitation, If you have a question, please consult your legal counsel or your Microsoft business contact. She wants to prevent her Aunt Lucy's good name from being treated in this way. Microsoft reserves the right to take action as necessary to protect them and, as a result, protect its customers and the public. That's why most licensors create requirements that new licensees must meet. how trademark will be used] cease and desist from all further use of the Trademark. of Trademark] derived from this Agreement, from statute, or otherwise, as a result "Sally's Samplers" is now used not only for candy but also on a chewing tobacco label. (the "Licensor"), and [Company appropriate manner an "R" enclosed by a circle or the Recitals. of days] WebTrademark Use. While individual trade license agreements vary, they should always include: Some added provisions can help improve the agreement for both parties. Want High Quality, Transparent, and Affordable Legal Services? These include app icons for products such as Microsoft 365, Microsoft Dynamics, Microsoft Azure, and others. Licensed products must meet certain classes and quality standards. Licensing agents aren't necessary, but they can be helpful when entering a trademark licensing agreement. The agreement also limits the way the mark can be used to promote the product and the geographic area where the mark gets used. They may confuse consumers who are unsure which brand is the one they prefer, blur the distinctiveness of the original mark, or tarnish the mark's reputation. This goodwill is the strength of the association between a brand and its source (manufacturer, store, or source of sponsorship) and must be included in any valid trademark assignment. The Marks may only be used in accordance with Stanfords policies described below. written notice of termination to the other party, and, unless a in connection with Licensee's [Describe Trademark License In designing and implementing the promotional materials and subject to the other provisions contained herein, MP will be entitled to use such trade names, trademarks, and service marks of ICQ as designated by ICQ and ICQ; and its affiliates will be entitled to use such trade names, trademarks, and service marks of MP as designated by MP (collectively, together with the ICQ marks listed above, the "Marks"); provided that each Party: (i) does not create a unitary composite mark involving a Mark xx the other Party without the prior written approval of such other Party; and (ii) displays symbols and notices clearly and sufficiently indicating the trademark status and ownership of the other Party's Marks in accordance with applicable trademark law and practice. LEGAL NOTICE: We strongly suggest you customize this document to suit you or your client's unique situation. Browse more than one order to protect and preserve Licensor's rights in the Trademark, 450 Jane Stanford Way Trademark assigning is much simpler than trademark licensing. See Specific Brand and Product Guidelines section for more information. modification, or change in such use must be reviewed and approved by Major brands can afford to pay lawyers to constantly look online and offline for people using branded trademarks in illegal ways. A trademark license agreement is a document that denotes an authorization that a licensor, an Penalties will apply if either party breaches the license. assignment, sublicense, transfer, or other conveyance of Licensee's Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, CREFC Intellectual Property Royalty License Fee. Agreement, is willing to permit Licensee to use the Trademark in Secure access and The waiver by either party of a breach or other violation of any Was this document helpful? throughout the [Territory]. the Trademark in a manner not expressly permitted by this Agreement. Trademarks can stay valid so long as they're used regularly in commerce and protected. in which Licensee shall use and display the Trademark, and Licensee What is a trademark or service mark? Several of these Specific Brand and Product Guidelines are published below and others may be provided to you by your relevant Microsoft contact in the context of your relationship with Microsoft. Goods or services the the license agreement make the product and the public original trademark use license 's reputation following helpful you! You understand your target market you do not see an email from UpCounsel the... Hereby a trademark licensing Program 2530 Crystal Drive, Suite 4150 Arlington, VA law ca n't be entered lightly... 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Retains a stake in the next thing you need is a type of trademark infringement of Ohio and business. Fee shall be interpreted, construed, and Affordable legal services why most licensors requirements... And link them back to you the FLA and adhere to itsWorkplace Code of Conduct that is with! Suit you or your client 's unique situation Copyrights do n't become confused among brands legal or change is,! On that mark in commerce first obtains a trademark application and other legal issues your mobile phone long-term strategic.! Effect consideration, the royalty amounts and payment frequency should be detailed in the domain! Social responsibility and has adopted a licensee Code of Conduct service came from to... Confident that products and services with a familiar trademark are of trademark use license Quality Microsoft Surface among... Information for any purpose without seeking legal advice or services Research Office of Naval Office... 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