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:
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:
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.
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.
Aside from securing a financial benefit from the licensing agreement, a trademark owner must be certain to retain full control over the following:
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:
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 .
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We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
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