Legal Question in Intellectual Property in Utah
Trademark License & Patent Number Agreements
We have a trademark license and patent number agreement that we send to our customers. The question is whether this agreement is necessary. What does an agreement like this give us that the PTO doesn't, when we register our trademarks and patents? What are the benefits of having this type of agreement? Does it give us any more control over the patent or mark? Thank for your help.
1 Answer from Attorneys
Re: Trademark License & Patent Number Agreements
I am not sure what you mean by a trademark license and patent number agreement. Who owns the Trademark and Patent? Are you the licensee or licensor? I would need more information to fully answer this question.
If you own the mark or patent, you can license the mark or patent to your customers. If this is the case, you would probably want to maintain control over the customers use of the mark and the subject matter of the patent. That is where licensing agreements come in. A license is basically a contract allowing the licensee to use the mark or subject matter of the patent according to the terms of the license.Without an agreement the customer may argue that you are allowing them to use the mark or subject matter of the patent in any way they see fit.
Disclaimer: The above information is for informational purposes only. It is a general description of the law it describes. Legal issues are highly factual matters and the advice which may be given is highly dependent on the facts of a particular case. It is therefore recommended that you retain counsel with experience in the particular legal problem that you face. Additionally, you should promptly address any legal matters, as delay can prejudice any legal rights you may have.
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