Can we use another’s trademark?
If you want to use someone else’s trademark, you must ask the trademark owner for permission/approval to use it. Normally, if the trademark owner gives you permission to use his trademark, you may have to pay him with the amount agreed by both parties and sign a formal agreement associated with the specific terms and time of any commercial and noncommercial use. Use another’s trademark in a legal way to avoid problems in your business in the future.
Once your establishment your business, an essential legitimate right merely will be allowed to your franchisees is the permit and right to utilize your trademarks. Franchisees will replicate your business model, and in doing so, will use your trademarks. As a franchisor, it is your obligation to make sure that your trademarks are registered and you will instruct your franchisees as to how they may and may not use your trademarks.
Franchisors offer franchisees a license to use their own trademarks.
Franchisors are required to register and provide something called a Franchise Disclosure Document to any potential Franchisees.
When you want to use someone’s trademark, you first ask permission of the owner of the trademark if they agree to you to franchise their mark to avoid trademark infringement. The franchise agreement with the trademark owner gives you permission to consent to use his/her trademark. You have to sign a licensing agreement and to pay a licensing fee, including the particular terms of any commercial and non-commercial use. The trademark owner will license others (franchisees) to handle business conception, tradenames, and marks owned by the owner (franchisor).
This is the advantage of having a trademark. Some companies or businessmen want to use your trademark in their line of business to expand. Like (KFC, Jollibee and etc.) this is the agreement of both parties the franchisor and franchisee. The franchisor is the one who owns the product and trademark that the franchisee will sell it to the market. Both parties must execute and sign the Franchise license agreement to have the franchisee has a right the use of the trademark. Now a day, many businesses today use this platform to expand their business.
Can I buy someone else’s trademark?
On the off chance that you’ve done it previously, you’ll realize that trademark enrollment can take quite a while. A truly lengthy time span. What’s more, no one gets a kick out of the chance to pause, particularly in case you’re an Amazon vendor and you required your trademark yesterday.
I’m frequently asked: can I simply purchase another person’s trademark? For what reason do I need to experience the long procedure of petitioning for a trademark, burning through cash on government and legitimate expenses, and afterward pausing and reacting to complaints? Wouldn’t it be so a lot simpler just to purchase another person’s trademark? All things considered, trademarks are property, so they ought to be purchased and sold pretty without any problem!
Tragically, it’s not so straightforward. Trademarks are as it were substantial when they’re utilized in commerce (i.e. when a trademark is joined to an item or its bundling, and the items bearing this trademark are sold in commercial settings). Moreover, in case you offer administrations, the trademark must have appeared amid the execution and publicizing of these administrations.
At the point when you purchase another person’s trademark, it’s known as a trademark task. In the US and Canada, the account of assignments isn’t required yet enthusiastically suggested. It’s a moderately simple system itself, yet the hidden procedure that follows this task isn’t so natural, which implies due constancy is required when purchasing an effectively existent trademark.
If you want to register a trademark similar to an active trademark that is no longer in use, you may consider asking for permission from the original owner, but that is a subject for another article!
In short, check with a trademark specialist before purchasing someone else’s trademark to ensure you don’t end up with a worthless piece of paper and a big headache!
Application and procedure for Trademark Registration
- Trademark Search
- Trademark Filing
- Final Registration