Using someone’s trademark without their permission is known as ‘IP infringement’ and could lead to serious legal troubles. However, it is also possible to use another person’s trademark by entering into a license agreement with the registered owner of a trademark or buying the rights from them and registering a trademark assignment to you.
The most common possibility is to agree on the licensing of rights. A license is a permission by the owner of a trademark to another person or legal entity to perform, in the country and for the duration of the trademark rights, one or more trademark rights (use the mark, sell the goods with the mark, etc.). When that permission is given, a “license” has been granted. The legal document evidencing the permission given by the owner of the trademark is usually referred to as a “license contract” or, more simply yet, as a “license.” The licensing agreement can foresee the specific rights or full spectrum of rights given to a third party. In the agreement, the specific limitations, such as the scope of use (for example allow to use the trademark only for specific goods) or the scope of territory (only in US or EU) can be foreseen as well.
If the licensing agreement is signed between two subjects from different jurisdictions, the parties must agree which countries law or courts will solve legal disputes. The international licensing agreements are quite complicated to draft. It is advisable to use legal practitioner to assist with such contracts.
Our company is working worldwide and have strong expertise and best qualifications to advise you on the licensing terms and also to prepare a draft contract for you or even contact the owner of the trademark rights.
