Trademark Licensing Series: Assignments, Goodwill, and Agreements
Below is a compilation of several blog posts and articles written by one of our attorneys, Brian Casper, on various aspects of trademark licensing. View our five-part series here:
Trademark Licensing Series - Part 1 - Trademark Licensing
General background and guidance for both prospective trademark licensors and licensees, along with some sample language that should be included in any comprehensive trademark license agreement.
Trademark Licensing Series - Part 2 - “Naked Licensing” and the World-Famous Mustang Ranch Brothel
Claims of naked licensing and trademark abandonment require proof the owner didn’t transfer the goodwill and that with any non-use there was also no intent for future use.
Trademark Licensing Series - Part 3 - What Is Goodwill and Why Should It Be Protected?
In protecting a trademark, you are really protecting the goodwill that the trademark has come to be associated with. The goodwill is a value gained from consumers, it is the reason consumers seek out your products and not those of your competitors.
When entering into a trademark license agreement, the parties should consider what will happen with remaining inventory at the end of the agreement term and include exit strategy provisions.
Trademark Licensing Series - Part 5 - Record That Trademark Assignment!
After a transfer of trademark rights, it is important to officially record the trademark assignment with the USPTO to provide public notice and secure those rights.
For more insights on trademark licensing, see our Trademark Services Overview and Industry Focused Legal Solutions pages.
You may also be interested in: