What is a trademark license and how does it work?

A trademark license is an agreement that gives someone else permission to use a trademark or service mark that is owned by another person or business. In order to use a trademark that does not belong to you, a trademark license agreement is necessary. In Indiana, to be enforceable, a trademark license must adhere to certain legal requirements. Generally, that means the license must: • Define the scope of the license – what the licensee is allowed to use, for what type of business, and in what geographical area. • Provide for payment of fees and royalties to the licensor. • Include the licensee’s obligations for quality control and compliance with applicable laws and regulations. • Include a dispute resolution clause. • Include intellectual property provisions such as a non-disclosure agreement or confidentiality clause. • Include provisions for assignment or transfer of the license. The purpose of a trademark license agreement is to protect the licensor’s trademark or service mark from dilution, infringement, and other potential problems. By licensing the trademark, the licensor retains control over its use and can protect the brand. The licensee is able to use the trademark to build their brand identity. When negotiating a trademark license agreement, both parties should ensure that the agreement reflects their intentions and meets their needs. An experienced attorney can help you understand the best way to structure the agreement to protect the interests of both parties.

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What is a trademark license and how does it work?

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