Trademark Licensing Attorney in Orange County & San Francisco

Once you have established rights in a trademark how can you collect on these rights while allowing another to lawfully use a brand you have created?

A trademark lawyer experienced in licensing can begin by getting your trademark registered with the U.S. Patent and Trademark Office (USPTO) to establish legal ownership over your trademark. Having registration with the USPTO can have significant effects on your ability to license your trademark to others.

Before licensing or assigning your trademark rights, it is important to research the individual or corporation seeking to use your mark. Misuse by the assignee or licensee can have an impact on your trademark rights. A trademark lawyer at the Omni Legal Group can help guide you through this sometimes complicated process. A licensed trademark attorney will assist in collecting information regarding the standing of a business, their product range, the scope of their products and the scale of their production and distribution.

A trademark attorney will assist in educating you on what your trademark rights are before you engage in any agreements to sell or license them to another. Trademarks may be territorial or limited to a certain product, so complete knowledge of the extent of trademark rights is very important before licensing to anyone.

At the Omni Legal group, only an experienced trademark attorney will assist you in negotiating terms, conditions, and royalties that you find agreeable to license your trademark. You can opt for a flat fee or a percentage of the sales depending upon the mutual agreement of the parties to the contract.

Once the trademark has been licensed, it is important that the trademark owner exercise stringent quality control on the products manufactured by the licensee, to ensure that they stand up to the quality standards you have associated with your brand.

We will also assist in ensuring your contract has a termination provision if the trademark licensee fails or falls below the standards of quality associated with your trademarked brand. If the licensee doesn’t perform well, a trademark attorney can advise on terminating the contract and potentially suing for trademark, contract, and other damages that may be applicable to your case.

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