(A) Exclusive rights are granted to the licensee to the exclusion of any other, including the licenstant, and this may also apply to a specific geographic area or region. Brand licensing agreements are very different in length and subtleties. Although many licenses have a similar structure, each license contains different details and clauses based on the products or services granted. While it is more common to license brands as service marks, licensing agreements may include products or services. In addition, licensing agreements are often federally registered trademarks, but unregistered trademarks may also be licenses. As far as registration is concerned, some countries retain the legal obligation to cover licensing agreements. The United States does not require a trademark license from the United States Patent trademark Office. When establishing a trademark license, the key points are: Termination – Right to Remedy – This provision is included in a license to encourage parties to cooperate in the resolution of small disputes arising from the agreement. In the event of an infringement, the defaulting party will have the opportunity to remedy this deficiency within a specified period of time. If the defaulting party continues to violate the agreement, the uninjured party has the right to terminate the contract. Overall, licensing agreements are very common, but trademark holders should seek the help of experienced consultants to design clearly defined licensing agreements that protect both the brand`s positive will to use and the licensee`s rights. 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.

Arbitration – If a dispute were to arise as part of the licensing agreement, it is common practice to ensure that the dispute is resolved through arbitration proceedings, as it is a low-cost 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. These are some of the most common provisions contained in a trademark licensing agreement, if you need a lawyer for more detailed questions, please contact our office for a courtesy consultation with one of our brand lawyers. This document provides general information and instructions for both potential licensees and licensees, as well as some examples of languages that should be incorporated into a comprehensive trademark licensing agreement. Definitions common to most commercial contracts are also an important part of the complexity of trademark licensing agreements. In order to avoid confusion between the parties, it is important that the licensee clearly state what concrete terms or terms are used in the agreement in order to avoid confusion between the parties and to avoid potential conflicts in the event of a dispute. Conditions clearly defined in an agreement are also important because in the event of a dispute between the parties over the agreement, ambiguous conditions may ultimately be left to a court that can decide what might harm the party to the dispute. (B) Rights are granted exclusively to a licensee, but not to the exclusion of the licensee. An experienced trademark lawyer can probably provide useful information about trademark licensing conditions. Finally, trademark licensing agreements will have the same general provisions contained in business contracts that contain, among other things, the following provisions: description of the parties; the intention of the parties who brought them together in a legally binding contract; If there are other trade relationships created by the agreement; Current legislation and, if necessary, compensation; Limiting liabilities guarantees, etc.