Wilson Whitaker Rynell

Experienced Lawyers

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TRADEMARK LICENSING

IN TEXAS

Trademark licensing provides a competitive business advantage, and our firm knows the importance of monetizing your trademark and product's brands.

TRADEMARK LICENSING SERVICES

What Is Trademark Licensing?


Trademark licensing is the process by which a registered trademark owner allows a third party to make and/or distribute specific products or services using the owner's trademark.  The trademark owner and the third party memorialize this trademark license in a trademark agreement that grants the third-party permission to use the registered trademark pursuant only to those mutually agreed terms and conditions outlined in the trademark agreement.  The trademark owner often will be called the "licensor," and the third party will be referred as the "licensee."  It is important for the owner/licensor to remain in complete control of the nature and quality of the goods or services sold under the registered trademark.  In addition to the trademark agreement, trademark licensing can occur with other types of relationships and agreements:

 

  • Franchise agreements;

 

  • Merchandising agreements;

 

  • Retail agreements; 

 

  • Brand extension agreements;

 

  • Co-Branding agreements;

 

  • Component or ingredient branding; and

 

  • Creation of  industry standards (i.e., UIL, ANSI, etc.).

 


What Are The Benefits of Trademark Licensing? 


Our Dallas trademark licensing attorneys assist clients in understanding the importance of trademark licensing and brand marketing in an adaptive modern business environment.  Once you have trademarked your brand, licensing gives you the opportunity to leverage your intellectual property assets in new and meaningful ways:

 

  • Do it yourself Launch forward with your own ideas, concepts and build a brand from scratch;

 

  • Create additional revenue streams: A trademark owner can have multiple non-exclusive licenses agreements with many third parties;

 

  • Expansion of your territorial base of operations: Licensing your brand to regions or territories for which you have no present capacity to expand into can add to your bottom line and enhance brand recognition;

 

  • Leverage a third party's manufacturing, distributing, or sales engine : Teaming up with an established manufacturer or distributor can be a fast way to super-charge your brand;

 

  • Revive value from discontinued marks to interested third parties: Don't throw away your mark; others may have interest in leveraging the goodwill remaining, which can create a new revenue stream; and

 

  • Create strategic partnerships with third parties in complementary industries : Developed a new brand concept with the help of an ally in a complementary industry.  For example, a baseball glove manufacturer could super-charge your sports apparel brand.

 

A trademark attorney and trademark owner should work together to maximize and developed the appropriate license that not only protects the trademark owner but super-charges the brand in an economically and socially meaningful way.  With risk mitigation in mind, we will work with you to capitalize on the most lucrative licensing opportunities available for your trademark and brand.  Our attorneys negotiate and structure license agreements to achieve your business goals.


Dallas Trademark Licensing Attorneys.


Trademarks and service marks are your calling card, and the more your business reputation grows, the more valuable your trademark will be. Unless you are correctly licensing your trademark, it can be challenging to maintain and enforce your company's right to the exclusive use of its brand names. Our Dallas trademark lawyers represent client's in trademark licensing throughout the United States.



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Additional Trademark Licensing Focus 

Trademark Licensing Guidelines


Aside from securing a financial benefit from the licensing agreement, a trademark owner must be certain to retain full control over the following:

 

  • Full control over the quality, design, and use the the licensed trademark :   A  licensor must retain sole and absolute discretion in determining whether the licensee’s use of the licensed trademarks is appropriate and, when applicable, be able to promptly stop any non-conforming use; 

 

  • Full control over trademark licensing guidelines:  A licensor must develop and implement trademark licensing guidelines and demand strict adherence by licensee.  Proper guidelines show licensee how the marks must be depicted, including the mark size, shape, placement, color and design; and

 

  • Full control to inspect a licensee use of the trademark.  A licensor must periodically, and randomly, police licensee’s use of the licensed trademarks for compliance within the established trademark licensing guidelines.  Failure to properly inspect the licensee's use of the trademarked brand could harm brand image and, in a worse case scenario, result in the loss of the trademark brand entirely. 


What is Franchising?


Franchising is an arrangement where one party grants a third party the right to use its trademark or trade-name, as well as certain business systems and processes, to produce and market a good or service according to certain specifications. The party licensing those rights is called the "franchisor" and the third party receiving those rights is called the "franchisee". Frequently, the franchisee pays a one time upfront franchise fee and an ongoing percentage of sales revenue to the franchisor as royalty for use of the licensed intellectual property. A franchise agreement typically provides the franchisee the following immediate benefits:

 

  • Use of franchisor's brand name and good will; 

 

  • Access to franchisor's proven produced base;

 

  • Access to franchisor's know how for running a business;

 

  • Ready-made trade dress and marketing strategies; 

 

  • Ready-made training program for new employees; and 

 

  • Steady support for ongoing business operations from the franchisor. 

 

Due to the size and complexity of a franchise agreement, our attorneys will work with you to either develop a franchising program to maximize your brand or, if you are a franchisee, we will assist you in negotiating and securing the best possible franchisee agreement between you and your chosen franchisor. More information on franchises can be found here:  Dallas Franchise Lawyer .

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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