How to get a trademark license agreement?

Reach out to the trademark owner directly or through a licensing agency, if available, or use our trademark license agreement template. State your business and marketing goals and any terms you would like included in the agreement, such as restrictions on the use of the trademark, royalties, and termination clauses. Negotiate an agreement that is fair to both parties, get it signed by all parties using PandaDoc.

What law applies to a trademark license agreement?

The law that applies to a trademark license agreement will vary depending on the specific terms and conditions of the agreement, as well as the laws of the jurisdiction in which it is being negotiated and/or executed. In most cases, federal law governs trademarks in the United States, but different countries may have their trademark regulations regarding licensing agreements. It’s important to consult with a legal professional before entering any trademark license agreement to understand your rights and obligations under the law.

What is a trademark license agreement?

A trademark license agreement is a contract between the owner of a trademark and another party who wishes to use that trademark in their business. The agreement typically specifies the terms of the license, including any restrictions on the use of the trademark, fees or royalties payable by the license, and other conditions relating to ownership, transfer, or termination of the agreement. A trademark license agreement is an important legal document you should draft and execute with the assistance of a lawyer.

How do you write a trademark licensing agreement?

The first step in writing a trademark licensing agreement is identifying the parties involved and the license. This may include information such as the use of the trademark, any restrictions or guidelines related to its use, and any fees or royalties due under the agreement. You should also consider any additional terms or conditions that may apply to your business, such as provisions for termination or ownership of the trademark. After finalizing all the key terms, consult with a lawyer to ensure that the agreement is legally sound and accurately reflects your business goals. Depending on your jurisdiction and the complexity of the agreement, it may be advisable to have the document reviewed by a legal professional before execution. Finally, be sure to get the trademark licensing agreement signed by all parties and store it in your records for future reference.

What are the three types of licensing agreements?

There are three main types of licensing agreements: trademark, copyright, and patent. Each type covers different intellectual property rights and may have unique terms and conditions associated with them. Trademark licenses are typically granted for using a company’s brand or logo in connection with specific products or services. Copyright licenses allow another party to reproduce copyrighted content such as books, films, or software. Patent licenses allow another party to use patented inventions or technologies in their products or services. Depending on your business and legal needs, you may wish to consider one or more of these licensing agreements as part of your intellectual property strategy.

Trademark License Agreement

Created by:

[Licensor.FirstName][Licensor.LastName] [Licensor.Company]

Prepared for:

[Licensee.FirstName][Licensee.LastName]

[Licensee.Company]

Template

This trademark and copyright license agreement (“Agreement”) is between [Licensor.FirstName][Licensor.LastName], the owner of the trademark ("Trademark") (“Licensor”) located at [Licensor.StreetAddress], and [Licensee.FirstName][Licensee.LastName], an individual or business entity located at [Licensee.StreetAddress](“Licensee”) on (insert date).

By entering this Agreement, the Licensor agrees to grant the Licensee a non-exclusive license to use the Trademark under its terms. The Licensee agrees to fully comply with all of these terms and acknowledges that any breach of this Agreement may result in legal action being taken against them.

WHEREAS:

The Licensor owns the Trademark (insert trademark), which is registered with the (insert trademark registry office);
The Licensee wishes to use this Trademark in connection with the production and sale of goods/services, such as (insert list of goods/services);
The Licensor is willing to license the Trademark on the terms set out in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following terms and conditions:

Grant of License

The Licensor hereby grants to Licensee a non-exclusive, worldwide license to use the Trademark to offer goods or services related to (insert list of goods/services). This license is valid until (insert date) unless terminated earlier under its terms.
The Licensee acknowledges and agrees that the use of the Trademark in connection with the goods or services described above does not imply that such goods or services are endorsed by, sponsored by, or affiliated with Licensor.
Unauthorized use of the Trademark in any manner or for any purpose not expressly permitted by this Agreement is strictly prohibited. Any breach of this Agreement may result in legal action against the Licensee and penalty fees of up to (insert amount).

Restrictions and Limitations

The Licensee shall take all reasonable measures to protect the rights in and associated with the Trademark, including but not limited to maintaining its distinctiveness and avoiding confusion in the marketplace.
The Licensee shall not use the Trademark in connection with any goods or services that could be deemed immoral, obscene, or illegal under applicable laws. The Licensor strictly prohibits the Licensee from using this Trademark in any manner that could tarnish, disparage, or damage the reputation of the Licensor.
The Licensee shall not alter or modify the Trademark in any way without prior written consent from Licensor.

Termination and Disputes

Either party may terminate this Agreement upon notice to the other party, with or without cause.
If a dispute arises between the parties regarding the interpretation or enforcement of this Agreement, they resolve it by negotiation, mediation, or arbitration under the laws of [Licensor.Country].
If either party breaches this Agreement and fails to remedy such breach within (insert number) days after written notice of the such breach has been provided by the non-breaching party, this Agreement shall automatically terminate.

Character and Quality Control

The Licensee shall have sole responsibility for the selection, management, and control of its workforce.
In addition to any other rights or remedies available to Licensor at law or in equity, the Licensee acknowledges it ensures that all products and services offered under the Trademark are of high quality and meet industry standards.
If Licensor receives any complaints or notices about products or services offered under this Trademark, it reserves the right to conduct its investigation into such claims and may provide guidance, recommendations, or other assistance to the Licensee in resolving such issues.
The Licensee shall comply with all applicable laws and regulations related to the manufacture, distribution, and sale of products or services bearing the Trademark.

This Agreement constitutes the entire agreement between the Licensor and the Licensee regarding the use of the Trademark. Both parties must agree to any changes or modifications in writing. This Agreement shall be governed by and interpreted by the laws of [Licensor.State].

Licensee:

Licensor:

Signature

MM / DD / YYYY