Insurers naturally allow their agents and other third parties to use their trademarks and service marks. But unless you set clear guidelines for third-party use of your brands, this can be risky. To help protect your significant investment in your intellectual property, consider the following principles before allowing third parties to use your trademarks.
U.S. trademark law requires brand owners to maintain control of their marks; failing to exercise such control can result in loss of trademark rights. To help establish control, brand owners can require their licensees to execute agreements defining the permitted uses of the marks, such as:
Brand owners’ responsibilities do not end with an executed license agreement. It may be appropriate to conduct periodic online and in-person checks on your licensees’ use of your marks to assess compliance with the license.
Faegre Drinker’s intellectual property team stands ready to assist with any questions you may have as you navigate the trademark licensing process.