What does trademark used under license mean?
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. Trademark licensing is a type of merchandise agreement.
What makes a trademark license enforceable?
Under U.S. trademark law, a trademark license may be express or implied. A written agreement creates a rebuttable presumption of a valid license. … In cases where no formal agreement between the license parties exists, courts have held that close working relationships can be adequate to establish a valid license.
Is a trademark the same as a license?
A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn’t own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.
Should I license my trademark?
It may protect the licensor from claims that it has abandoned and no longer has rights in its trademark. The advantage of licensing your trademark is that you retain the potential for future income, both in your own use and development of the mark and in royalties received from your licensees.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Who can license a trademark?
Licensing gives someone other than the owner a temporary right to use the trademark while the owner maintains ownership in the mark. In most cases, the owner of a trademark will charge a fee or a royalty for granting someone a licence to use the trademark.
How much is a trademark license?
The more classes you want to include in your application, the more expensive the cost of trade mark registration. Each class of goods or services has a government fee, ranging from: $150-$200 for a Trade Mark Headstart Service; and. $130-$480 for the Standard Filing Service.
Is there a difference between a trademark and a service mark?
A trademark is used for goods, while a service mark is used for services. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand.