Goods or services, Duration and Territory – Identify the type of products or services that the licensee will offer under the brand, duration of contract and geographic area in which the marks are granted. In addition to identifying goods or services, licensed uses are often indicated. The agreement may indicate, for example. B, that the following uses are permitted: manufacturing, sale, promotion, distribution and/or advertising. In addition, the licensee may restrict or authorize the following distribution channels, stationary trade, Internet sales, wholesale or retail trade or sales, limited to certain stores or consumer categories. Choice of Law – Forum – The choice of legislation is preferable because it offers some security with regard to the application of the licensing agreement. In addition, courts often impose the choice of litigation clauses as long as the forum has a reasonable and logical relationship with the parties and the license. A trademark licensing agreement is a contract between a licensee (the holder of the registered trademark) and a licensee, the donor granting the licensee the right to use the registered trademark. The right to use this list may be the right to manufacture/manufacture products under the trademark and/or the right to market/sell products or services under the licensed brand. A trademark licensing agreement may be established as a separate contract or as part of a general commercial contract between the parties.
At the beginning of a business, companies should consider identifying their business name or brand and developing branding strategies to save money and avoid potential costly conflicts in the future. Read for a debate on brand strategies for small businesses. Parties – Intellectual Property – Identify the parties to the agreement and the intellectual property (brands) that are granted (these issues can be delineated in the subsidy clause). Some common examples of brand license that you will probably see every day are: Arbitration – If a dispute under the licensing agreement, it is customary for the dispute to be resolved through an arbitration procedure, because it is a cost-effective method. The clause will indicate whether the arbitration will be binding on the parties and what type of discharge will be obtained by the arbitration. The taker may designate a sub-licensed person who uses the mark within the geographical area covered by the license agreement.