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Keeping It in the Family: Licensing Marks Within Related Entities

September 29, 2021 (1 min read)

Adapt this form for a trademark license agreement among a holding company that owns trademarks, an affiliated operating company that uses the marks in commerce, and a parent company that controls both the holding company and the operating company.

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  • Trademark Licenses: Licensing Fundamentals
    Brush up on the foundational concepts of trademark licensing, including the benefits and risks, common license scenarios, implied and oral trademark licenses, and licensee estoppel.
  • Trademark Licenses: Key Provisions
    Look to this guidance when drafting and negotiating key provisions in a trademark license, such as the license grant, exclusivity, the term and territory of the license, royalties, quality control, representations and warranties, and indemnification.
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    Use the provisions of the agreement, designed to protect the licensor and its trademarks, to grant the licensee an exclusive license to use the licensor’s trademarks in the design, manufacture, advertising, and sale of products.
  • Trademark License Agreement (Pro-Licensee)
    Use the provisions of this agreement, designed to protect the licensee, to grant the exclusive right to manufacture, sell, distribute, and advertise apparel bearing the licensor’s trademarks.

 

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