What is a trademark license and how does it work?

A trademark license is an agreement between a trademark owner (the licensor) and another person (the licensee) that allows the licensee to use the trademark owner’s intellectual property (IP). The agreement usually details the terms of use for the trademark that the licensee must abide by, and the trademark owner retains the right to revoke the license if these terms are not met. In return, the trademark owner typically receives a fee from the licensee in exchange for the permission to use the trademark. In North Carolina, under trademark law, trademarks must be registered with the US Patents and Trademarks Office. This will give the trademark owner legal rights and protections in regards to the use of their trademark. Trademark law can also prevent others from using the trademark without the permission of the trademark owner. If someone uses the trademark without permission, the trademark owner can take legal action. Once the trademark owner has registered the trademark, they can issue a trademark license to the licensee. The terms of the license must be agreed upon by both parties in order for the license to be valid. The terms of the license usually involve the way in which the licensee can use the trademark, the duration of the license, how often the trademark is to be used, and any restrictions on how the trademark is to be used. After the license has been agreed upon, the licensee must comply with the terms of the license in order for the license to be enforced. If the licensee fails to comply with the license’s terms, then the trademark owner can revoke the license and bring a legal action against the licensee.

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