As an owner of a registered trademark, can I ask someone to pay royalties if they choose to continue using that trademark?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, if you find someone infringing on your trademark, one of the options you have is to approach them and propose they sign a trademark license agreement and pay you royalties for the use of the trademark. Trademark royalties are usually a percentage of the revenue generated by the trademark.

After you and the other party sign the document, it should be recorded with the IP office which granted your registration.

It's worth mentioning that a trademark owner should have control over the quality of goods or services provided under said trademark. In the context of licensing, this means you shouldn't license your trademark to a different party if you can't monitor the quality of what they provide. Therefore, your license agreement will likely include sections on quality control.

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