Trademark licensing has become a common practice as it benefits both the licensor and the licensee. The licensor earns money by way of royalty, while the licensee gets to commercially exploit the mark. In addition to monetary benefits, the licensor also benefits due to the expanding reach and popularity of the mark. But, if left unchecked, licensing could also harm the reputation of the mark. Hence, it is of utmost importance to incorporate clauses with respect to quality checks of goods or services in the license agreement.
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Trademark licensing is the process wherein a registered owner of a trademark authorizes a third party to use the mark in the course of trade without transferring the ownership of the mark. The licensing of the trademark allows the registered owner to let others use the mark without assigning the ownership of the mark. The owner can also put other limitations on the use of the mark through the terms that he puts into the licensing agreement. For example, the owner may license a trademark to be used for only particular goods and services.
The benefits of Trademark Licensing are – The licensor earns money by way of royalty, while the licensee gets to commercially exploit the mark. In addition to monetary benefits, the licensor also benefits due to the expanding reach and popularity of the mark.
Proposing a licensing agreement may be a better way to handle a blogger or fan community infringing on copyright than a cease-and-desist letter or lawsuit. The license can help you control the use of your trademark, create a revenue stream for you and help you support good relationships with the people who are already supportive of your brand.
Licensed products are goods/services that people would pay money for. So that, they must meet pre-defined quality standards. Promotional materials are not held to this same standard as they are usually given away to promote a business or brand.
While retail stores can give licensed products great exposure, many businesses have found success online. You can sell directly to consumers using your own e-commerce website.
Trademark licensing should not confuse with trademark assigning, which sees a total change in a trademark’s ownership. Trademark assigning is much simpler than trademark licensing.