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To secure and protect the business and its brand name in the market against plagiarism and copying by competitors and rivals, companies and businesses register their trademarks and brand names in the local or international patent registration department. When the legal rights of a particular trademark are transferred to the owner or client, the legal department signs an agreement with the client or applicant that includes the details of the trademark and the ownership of the legal rights of the trademark, and this agreement is known as the trademark license agreement for software. With this agreement, the company protects the software program’s illegal copy, production, and distribution either locally or internationally.
Brief Description of Trademark License Agreement for Software:
Unlike physical or real products, it is very difficult to control and oversee the use and distribution of a software program. It becomes more difficult when customers worldwide are involved and takes an interest in the software. In this process, the company needs to claim and show its legal rights and ownership of the software so that no one uses the software illegally and no company distributes it or receives profit by selling it without the permission of the owner. On the other hand, it is also very common that when a software program gets famous in the market, many competitors produce similar software with the same outlook and functions and when that happens, it can seriously affect the market value and revenue of the original owner and developer of the software including the loss in sales and lower profit ratios.
This is why when companies produce software programs, they claim the legal rights with a trademark so that even if any competitor wants, he can’t produce or copy the content of the software without the permission of the original owner or without making him partner or shareholder in the profit earned by the distribution and sale of the reproduced version of the software. The local patent department in various countries handles this process and when the applicant or the owner of a software program buys the trademark on the software from the patent department, they both sign a legal agreement that includes the transfer of the trademark to the new owner.
Key Elements to add to the Trademark License Agreement for Software:
- Name of the company/client/owner of the rights
- Name of the patent/legal department for trademark and copyrighting
- Details of the software and proof of ownership of the software
- Specifications of the ownership of the trademark of the software
- Compensation/fee/registration charges for the client for registering a trademark
- Use of the trademark in business and worldwide
- Terms and conditions of the agreement
- Mutually agreed clauses of the agreement
- Legal rights, obligations, and ownership of the trademark
- Reselling and limitations of the trademark ownership
- Termination of the agreement
- Validation and expiration of the agreement
- Results of violation of the agreement
- Signature of both parties
Free Trademark License Agreement Templates
Download the Free Trademark License Agreement Template that can easily help you to prepare your Trademark License Agreement effectively.