Which conditions must be met for trademark licensing according to common law?
Understand the Problem
The question is inquiring about the common law requirements for trademark licensing, specifically which conditions must be satisfied for a valid trademark license.
Answer
Trademark use, distinctiveness, quality control, and agreement terms.
Conditions for trademark licensing under common law require the trademark to be used in commerce and have distinctiveness. The owner must control the quality of the goods or services and ensure the license agreement reflects these terms.
Answer for screen readers
Conditions for trademark licensing under common law require the trademark to be used in commerce and have distinctiveness. The owner must control the quality of the goods or services and ensure the license agreement reflects these terms.
More Information
Common law trademarks are established by use in commerce rather than registration. Licensing must ensure quality control to maintain the integrity of the trademark.
Tips
Common mistakes include failing to maintain control over the licensee's use, which can dilute the trademark's distinctiveness.
Sources
- What is a Common Law Trademark? - Sierra IP Law, PC - sierraiplaw.com
- Common Law Trademark Rights - BitLaw - bitlaw.com
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