What Intellectual Property Agreements Do I Need For My Brand?

Jurado & Farshchian, P.L. can prepare a wide range of Intellectual Property Agreements your business may need in order to obtain and maintain complete control over its intellectual property portfolio and its brand.

Although obtaining federal trademark registration for your brand name is a step in the right direction, it is only the first step. In addition to trademarking your brand name, you will need to safeguard your brand through additional legal measures that can help you maintain your trademark rights as well as allow others to use your registered mark, if desired.

Most of these trademark services are dealt with through Intellectual Property Agreements. Read on to learn what you need to know about intellectual property agreements and how our IP Lawyers can help you protect and build your brand.

Trademark Coexistence Agreements

A trademark coexistence agreement may be necessary when a third party reaches out to you to ask for your permission to register their trademark. When asking for your permission, they may point out the reasons why their trademark does not infringe on yours and why there would not be any confusion in the marketplace if both trademarks were to coexist. In some cases, third parties with a trademark that is similar to yours may offer you monetary compensation for allowing them to register it.

Trademark Consent Agreements

A consent agreement is a type of a coexistence agreement that is generally shorter and is used by trademark applicants as part of the documentation needed to obtain trademark registration. These agreements are necessary in cases where a third party is using a trademark name that is confusingly similar to yours. In cases needing this type of agreement, the movie plays as follows:

1. The third-party owner has a trademark they want to register.
2. The third-party owner becomes aware of your trademark rights.
3. The third-party owner requests your authorization to register their mark.

Trademark Concurrent Use Agreements

In a trademark concurrent use agreement, both parties agree to concurrent or parallel use of the same trademark or two similar trademarks, with the express understanding that they are separate and distinct users of the mark and that each will undertake all necessary action to avoid consumer confusion between the two marks.

Royalty and Licensing Agreements

Other types of Intellectual Property Agreements you may need for your business involve authorizing others to use your registered trademarks in exchange for a fee. This authorization may be in the form of a licensing deal or a royalty agreement. A licensing agreement allows others to license your trademarked brand name for use in connection with their goods and/or services. You may also license your trademarked brand name for the purposes of a collaboration with another company. Additionally, you may need a royalty agreement, which sets forth the terms and conditions of compensation for using or licensing your registered trademark.

Trade Secrets Agreements

Last but not least, trade secrets agreements are another important type of Intellectual Property Agreement that usually gets very little attention. Our clients often ask our IP experts how to protect certain business assets that are not subject to trademarks, patents, or copyrights. One way to protect intangible business assets such as know-how, recipes, methodology, or processes is having a Trade Secret Agreement.

A trade secret agreement may be part of a larger agreement, such as an employment contract. This type of agreement identifies your company’s intangible assets – your trade secrets – and prevents those who have access to these assets – your employees and contractors – from using, disclosing, or otherwise exploiting them for monetary gain.

Need Help With Intellectual Property Agreements? Work with Jurado & Farshchian, P.L.

The intellectual property lawyers at Jurado & Farshchian, P.L. have years of experience assisting clients across Florida and the world. If you are starting a new business in Florida, our lawyers can help you create an intellectual property protection strategy that takes into account both your current and future business goals. Our lawyers have helped hundreds of businesses of all kinds and sizes build their brands and protect their intellectual property – and they are only one phone call away.

Call us at (305) 921-0440 or send us an email to to schedule an initial consultation with one of our intellectual property experts.