Do you want to draw up a trademark license agreement? Discover our contract library and the model of trademark license agreement by Legal Pilot!
What is a trademark license agreement?
The trademark license agreement is a contract in which one party, called the licensorprovides the licensedof the products or services of its brand. This contract thus allows the licensee's relations to be framed and to establish a framework around the exploitation of these services and/or products.
Allowing a licensee to exploit its trademark implies an increase in the scope of exploitation of the trademark opening the possibility of reaching a new publica broader scope and greater awareness while at the same time retaining ownership of the said brand.
The challenges of the brand licensing contract
Like the franchise agreementIn the case of a trademark licence, the contract only implies an agreement to exploit the trademark. As there is no transfer of know-how, such a contract amounts to a property lower cost for the licensee and is a time saving for the licensor.
The licensor's commitment can be at different levels, the granting of an exclusive licence allows the licensee to obtain alone the exploitation rights of the trademark, committing the licensor not to allow other third parties to benefit from this exploitation.
It should also be noted that in counterfeitingIn the case of a trademark license agreement, the licensee is entitled to bring an infringement action in place of the trademark owner in the event that the owner does not exercise his rights. The licensee is also entitled to act jointly with the trademark owner.
Finally, formalities must be carried out with the INPI (or the EUIPO for a European trademark) in the event of a change in connection with the transfer of rights to a trademark. This action makes it possible to make the licence enforceable against third parties.
Composition of the model
This model proposed by Legal Pilot allows you to set up a precise framework around the license that you wish to grant. It will thus be possible for you to determine the geographical application, the modalities of calculation of the royalties, the conditions of defence of the mark, or the options of cancellation.
Automation with Legal Pilot
This model has been automated on the Legal Pilot platform. You can thus modify the framework of the contract, add or remove certain clauses or questions, etc.
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