| Life of the trademark The trademark is registered after the filing of the application with OMPIC for a 10-year duration, renewable indefinitely. In the event of non-renewal, your trademark falls into the public domain. You may modify the data related to a trademark holder It is possible to modify the data related to a trademark holder, such as the name of the holder and/or his address. Your trademark may be deleted from the National Trademark Register : 1. if you request so (request for a registration waiver) 2. if a judicial decision orders so. The use of your trademark is not a rigid one. You may exercise your rights on the trademark in different ways: You use yourself your own trademark : You decide to preserve exclusivity on your trademark, to be certain to control its image and the quality of the products which are associated to it. You share your rights on your trademark with partners: You may decide to grant your trademark to another person, within the framework of a license agreement. You preserve its ownership, while receiving royalties from the licensee who benefits from its trademark-awareness. As an owner, we advise you to keep the right to have a say concerning the use made of your trademark, in order to maintain a certain level of quality. You must specify the terms of the agreement in a license agreement. Use the services of a specialized lawyer, or a legal adviser to draft this document. In addition, it is advisable (but not compulsory) to file the patent license of a trademark with OMPIC, in order to benefit from all the legal guarantees provided for by the law. Often, the licensing agreements include several industrial property titles. For example it is often relevant to grant at the same time the trademark and the design or industrial model, so that the image of your product or service remains coherent. You may also give a grant over the patent, so that the product associated to the trademark be of a constant quality. A franchise is an overall agreement which includes the granting of trademarks, as well as licenses on other Industrial Property rights for the distribution of products or services. It also strictly defines the conditions of use of the trademark. The franchisee uses the commercial methods of the franchisor (including the know-how, customer service, the decoration of the store, etc.), in exchange for royalties set in the franchise agreement. You sell your rights on your trademark: Si vous vendez vos droits, vous négociez un prix correspondant à l'image de votre marque. Vous en retirez un bénéfice direct et immédiat. Mais vous perdez tous vos droits ultérieurs. |