Trademark Licensing In A Corporate Transaction

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Trademark rights pose special problems in a corporate transaction. Because trademark rights involves legal issues that are not attendant to other forms of property, intellectual or real, unique problems can arise. Two key areas of concern are the requirement of quality control and the potential for the loss of rights if the transaction results in the splitting of trademark rights. Each of these concerns is discussed in more detail below, followed by a discussion of the key considerations in the terms of a trademark license and sample clauses.