Agreement for Using Brand Name
Licensing your brand means partnering with another company and giving you access to a completely new audience. It`s a win-win situation! Both parties increase their respective exposure levels while benefiting from each other`s existing base. Clearly defined titles – contain the names of both parties with identification: Who is the “Licensor” and who is the “Licensee”? Protection against counterfeiters is another benefit of licensing. When a product is sufficiently known or the brand becomes more famous in the market, those who want to get a part will start making similar products. By entering into a licensing agreement, you can stay away from infringers and become more proactive in protecting the intellectual property you have spent time and money securing. This agreement also makes it easier to maintain brand prestige, as you can limit the amount of the product discount and protect yourself from other potential value issues. There you go. The undeniable advantages of building a trademark license agreement. Wherever you intend to run your business, you know you have options for greater brand visibility, long-term growth, and the benefits of working with an authorized partner. Getting to this first step is easy. Where do you take it? The sky is the limit.
If you or a member of your team has no experience negotiating license agreements, you risk catastrophic consequences unless you understand what the terms of standard license agreements mean. As always, there can be downsides to success. Your brand may one day reach TOO many people or generate TOO much activity, resulting in counterfeit attempts by other competitors. By licensing your brand early, you`ll learn how to proactively protect your intellectual property with protections. These Marketing and Branding Terms apply for the duration of the Partnership Agreement. Immediately upon termination or expiration of the Affiliate Agreement, Partner shall (i) cease all use of the Marks and (ii) at SYB`s option, destroy or return to SYB all marketing and other materials containing the Marks. Notwithstanding the foregoing, and provided that termination is not due to a breach by Partner of these Marketing and Branding Terms or any provision of the Partnership Agreement, SYB may, in its sole discretion, allow Partner, by written permission, to continue to use the Marks for a limited sales period not exceeding ninety (90) days after termination or expiration of the Affiliate Agreement. Some license agreements include a one-time initial license fee. Other agreements may include recurring royalties or monthly lease payments. What about ongoing maintenance fees? What happens if one of the parties goes bankrupt? Or can they not meet their obligations? Can Licensor transfer ownership to another party? What are the penalties for violating the agreement? While lawyers are indispensable for managing the legal language associated with clauses such as representatives and mandates, as well as compensation and infringement, they are unlikely to be sufficiently familiar with the terms of licensing agreements, including testing protocols, authorized channels, permits, and quality controls, to properly negotiate them on your behalf. The Services are provided under brand names specified by SYB whose brand names are trademarks of SYB and/or its licensors.
The Partner acknowledges that SYB retains the ultimate discretion at all times to determine the branding of the Services and that it has the sole discretion to modify this trademark and to modify, replace or subsequently remove one or more of the trademarks that are part of this trademark. It may be beneficial to everyone if the licensee hires affiliates or sub-distributors. This increases the overall reach and revenue of the product, but could also lead to profit shifting and brand damage, as these affiliates may not be as careful with brand considerations as the licensee. Therefore, most licensors will impose affiliation or underselling requirements. They can be as simple as approving before hiring sub-distributors or as strict as signing a separate agreement by these external partners. There are certainly benefits to licensing your company`s assets, but be sure to consider these factors when creating a licensing agreement: this type of agreement includes all the details about how the two people or companies will work together on a particular business. Most trademark license agreements include a licensee or the person or company acquiring the license rights to a product or trademark, as well as a licensor or the owner of the licensed product or trademark. The person purchasing the rights is responsible for refunding part or percentage of each sale of the Product in the Agreement to the person who owns the Licensor. Our lawyer-designed trademark licensing agreement template includes 2 trademark/intellectual property licensing agreements – a shorter 16-page document for smaller, less complicated contracts and a 40-page longer document for longer, more complex agreements. Both are based on contracts developed by Newell-Rubbermaid, a leader in brand licensing.
Licensor enters into an agreement to strengthen and expand its brand beyond its current base. It is also generally less expensive for the licensor to license a manufacturer to produce a new product line rather than manufacturing it themselves. And royalties charged by licensees can contribute to the licensor`s profit margins. no trademarks, trade names, company names, domain names or usernames or user groups or other means of identification on social media sites (e.B. Facebook, LinkedIn, Twitter, Instagram) that is identical or similar to any of the trademarks or any other trademark of SYB or its licensors, or its derivatives, alone or with other trademarks, names, words, logos or symbols, whether during or after the term of the Partnership Agreement, in any country in the world; The second step is to go through the research process. .