Trademark Agreement Template for United States

A Trademark Agreement lets two or more parties share, license, or set rules about using valuable brand names, logos, and other trademark assets. It spells out who can use specific marks, how they can use them, and what territory or market segments the rights cover.

These contracts protect both trademark owners and authorized users by clearly defining payment terms, quality standards, and dispute procedures. Common types include licensing deals between brand owners and manufacturers, coexistence agreements between companies with similar marks, and settlement agreements that resolve trademark conflicts without going to court.

Use a Trademark Agreement when you need to establish clear rules for sharing or licensing your brand assets with other businesses. This becomes essential before letting another company manufacture products with your logo, when expanding into new markets through partnerships, or when resolving conflicts with companies using similar marks.

The agreement proves especially valuable during franchise expansions, international brand launches, or mergers and acquisitions involving valuable trademarks. It helps prevent unauthorized use, maintains brand consistency, and creates a legal framework for collecting royalties or enforcing quality standards across multiple business relationships.

• Trademark License Agreements grant permission to use marks in exchange for royalties, with strict quality control provisions
• Coexistence Agreements resolve conflicts between similar marks by defining territorial or market boundaries
• Settlement Agreements end trademark disputes through negotiated terms and mutual recognition
• Consent Agreements allow similar marks to exist when confusion is unlikely, often with specific limitations
• Assignment Agreements transfer complete ownership of trademark rights to another party

• Brand Owners: Companies, entrepreneurs, or individuals who own trademarks and want to license or protect their intellectual property rights
• Licensees: Manufacturers, retailers, or franchisees who pay to use another company's trademarks under specific terms
• Intellectual Property Attorneys: Draft and review agreements, ensure compliance with USPTO regulations, and handle dispute resolution
• Corporate Legal Teams: Manage trademark portfolios and oversee agreement implementation across business units
• Brand Managers: Monitor quality control and ensure trademark usage meets agreement standards

• Trademark Details: Gather registration numbers, dates, and descriptions of all marks involved, including any existing USPTO filings
• Usage Parameters: Define exact territories, products, services, and time periods for trademark use
• Quality Standards: Outline specific requirements for how the mark must be displayed and maintained
• Financial Terms: Calculate royalty rates, payment schedules, and any minimum guarantees
• Enforcement Plans: Specify monitoring procedures, breach remedies, and dispute resolution methods
• Document Generation: Use our platform to create a customized, legally-sound agreement that includes all required elements

• Identification Section: Full legal names of parties, trademark registration details, and effective date
• Grant of Rights: Specific permissions, territories, and scope of trademark usage allowed
• Quality Control: Standards for mark usage, approval processes, and inspection rights
• Financial Terms: Royalty rates, payment schedules, reporting requirements, and audit rights
• Term and Termination: Duration, renewal options, and conditions for ending the agreement
• Enforcement Provisions: Rights protection, infringement handling, and dispute resolution procedures
• Governing Law: Jurisdiction choice and applicable USPTO regulations

A Trademark Agreement differs significantly from a Trademark License Agreement in scope and purpose. While both deal with trademark rights, they serve distinct functions in brand protection and commercialization.

• Scope of Rights: Trademark Agreements cover broader arrangements including coexistence, settlements, and assignments, while License Agreements specifically focus on permitting others to use the mark
• Duration and Flexibility: License Agreements typically have fixed terms and specific usage parameters, while Trademark Agreements can establish permanent arrangements or broader frameworks
• Financial Structure: License Agreements always include payment terms and royalties, whereas Trademark Agreements may or may not involve financial compensation
• Control Provisions: License Agreements require detailed quality control measures, while Trademark Agreements might focus more on boundary setting and mutual recognition of rights