Trademark Licenses: Limits Regarding Trade Names and Commercial Signs

Intellectual Property attorney Camila López wrote an article for The Legal Industry Magazine reviewing recent interpretive guidance clarifying the scope of a trademark licensee's rights and their limits with respect to other distinctive signs, such as trade names and commercial signs. She explains that a trademark license is a limited, temporary authorization to use the mark under agreed terms and does not transfer ownership or create independent rights, meaning a licensee cannot later claim or register identical or similar trade names or commercial signs to build autonomous rights after the license ends. She advises that continued use after the license expires may amount to trademark infringement or unfair competition. Ms. López also emphasizes that registered trademark rights take precedence over later deposits of identical or similar trade names or commercial signs.

READ: Trademark Licenses: Limits Regarding Trade Names and Commercial Signs (Article starts on page 72)