West Monroe Trademark Attorneys & Lawyers

Key Takeaways

• Definition & Importance of Trademark Licensing: Trademark licensing allows a trademark owner to grant rights to a third party to use their mark under agreed conditions, which can help expand brand presence while generating revenue.
• Types of Trademark Licenses: Includes exclusive, non-exclusive, and sole licenses, each providing different levels of rights and restrictions for the licensee.
• Key Elements of a Licensing Agreement: Must include quality control provisions, payment structure, geographic scope, duration, renewal conditions, and breach remedies.
• Trademark Licensing Strategies: Businesses can use licensing to expand market reach, enhance brand value, and enter new industries or product categories.
• Legal Considerations & Risks: Trademark owners must maintain control over the use of their mark to avoid dilution or loss of rights.
• Industry-Specific Licensing Examples: Fashion, entertainment, tech, a

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What is a Trademark?

A trademark is a symbol, slogan, design, word, or combination of elements that identifies a party's goods or services. The purpose of a trademark is to distinguish these goods or services from someone else's. A trademark can be almost anything in terms of design as long as it makes it easy for the consumer to identify it with a particular service or product.

Examples of popular trademarks include the NBC three-toned chime "G E C," the Nike "swoosh," the McDonald's "golden arches," and the shape of the Coca-Cola bottle. A trademark can even be a color, such as T-Mobile's vibrant pink.

How Are Trademarks Different From Trade Names or Copyrights?

A trademark identifies a commercial servic

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Key Takeaways:

• Trademark Class 9 covers a wide range of scientific, nautical, and electronic goods, including modern electronics, software, and scientific devices.
• Examples of goods under Class 9 include scientific instruments, electrical apparatus, teaching tools, data processing equipment, and fire-extinguishing devices.
• Items such as clocks, kitchen tools, and certain personal care devices are excluded from Class 9.
• Class 9 often overlaps with related classes, like Class 42 for scientific and technological services, necessitating careful selection.

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What Is a Descriptive Trademark?

A descriptive trademark identifies one or more characteristics of a product or service covered by the mark and only serves to describe the product. 

Some descriptive mark examples are:

• 104 KEY: it describes how many keys are on a keyboard; therefore this could be considered descriptive.

• Cold and creamy: a potential mark for ice cream, but since it describes one of the characteristics of the product, it isn't likely to qualify as trademark.

Descriptive trademarks like these examples, which only include words based on aspects, highlights, end results, or product uses won't qualify for a trademark. This includes terms like "best" and "high quality." Still not sure? Answer this question: "Does this word describe the product or service?" If

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