Article · Intellectual Property
Acquiring, Licensing, and Exploiting Trademark Rights
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-11-03
- Topic
- Intellectual Property
A trademark is worth exactly as much as the rights an owner can acquire, defend, and turn into revenue. This article maps the full commercial arc of a mark: how rights arise from use and from federal registration, how an application moves through USPTO examination to a certificate, and how the Principal and Supplemental Registers differ. It then turns to the transactional side—licensing a brand without committing the fatal error of "naked licensing," selling a mark together with its goodwill to avoid an invalid "assignment in gross," and pledging a mark as loan collateral under UCC Article 9. Along the way it works through the quality-control rule of Dawn Donut, Barcamerica, and Eva's Bridal, the anti-assignment-in-gross doctrine, the accidental-franchise trap, the apparent-manufacturer product-liability exposure that shadows every license, and the Madrid Protocol route abroad. It is written so a founder, a transactional lawyer, and a judge can each follow the same thread: protect the goodwill and the doctrine follows.
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