Licensing Trademark

A trademark is a name, symbol, mark, device, image, design or phrase used to distinguish a certain product, business or individual.  Examples of a trademark include the phrase “Coca Cola,” the Nike swoosh symbol and the pink color of Owens-Corning’s fiberglass insulation.

What is Trademark Licensing?

Trademark licensing constitutes an agreement between the trademark owner (the "licensor") and another individual or business (the "licensee") whereby the licensor grants permission to the licensee to use its trademark or trademarks, usually via trademark licensing permits. 

Trademark Licensing Agreements

When one gives another the right to use a trademark, this is usually done pursuant to a formal legal agreement.  A licensing agreement may be exclusive or non-exclusive.  In an exclusive trademark licensing agreement, the licensee is the only other party aside from the licensor who can use the trademark; any other party who uses the trademark will be infringing upon the licensee’s rights.  Conversely, a non-exclusive trademarking agreement means that multiple licensees may utilize the trademark.  These agreements may also be referred to as trademark licensing agency agreements.

Trademark Licensing Law

Trademark and trademark licensing law is rooted in both state and federal law.  Generally, federal law provides the most comprehensive legal protection.  Federal laws provide for both hefty monetary damages and even criminal penalties, depending upon the particular circumstances of the case.  However, one may still be able to file a state based trademark claim, but a state based claim will be limited in scope to the geographic location where the case is filed.  Moreover, the damages will be limited.

Trademark Licensing Legal Help

Trademark licensing is a complex area of the law. Thus, an experienced trademark attorney can help to navigate through this intricate area and achieve the most advantageous result.