Legal Question in Business Law in California

Re: how to get the rights to use someone else's logo or trademark

The owner of a trademark protects that individual's or entities'right to the exclusive use of the name as the source of a particular product or service. As you are apparently aware, you must seek the owners permission to use a trademark in most instances. The willingness of the holder of a trademark to allow you the use of the mark is related the factors affecting the value or detriment your use of the mark would bring. It is best to have a carefully thoughtout stragety and an attorney to represent your interests in negoatiations. For example, if your produce or service is easily distinguishable from the product or service of the holder of the mark, you may be able to use the mark without permission. The time spent planning is usually well rewarded.

Francis Doherty

415 453-2300

Re: how to get the rights to use someone else's logo or trademark

All you need is to get the holder of the trademark or logo to sign a contract giving you permission to use it and specifying what the terms are of the use. You do not need a lawyer to do this but having a lawyer either right or review the contract before it is signed could end up saving money in the long run. If they seem receptive to the idea, you might want to negotiate the deal without using a lawyer and then just have a lawyer draft licensing agreement after the deal is made.

Re: how to get the rights to use someone else's logo or trademark

I recommend having an attorney draw up the agreement, especially if the volume of business you intend to do under the trademark or logo agreement is substantial. In many cases, the owner of the trademark or logo will have its own licensing agreements pre-prepared at its expense by its attorneys -- for example, if you were to become a franchisee of McDonald's, you would be expected to sign agreements prepared by their attorneys. If your situation is similar, get a copy of the proposed license agreement from the owner, and read it carefully. If you do not agree to, or do not understand, all the provisions, have it reviewed or explained by your attorney before signing.