A trademark license is an agreement between a trademark owner (the “licensor”) and another person or business entity (the “licensee”) in which the licensor gives permission to the licensee to use its trademark or trademarks in commerce.

If you are a trademark owner, a formal written trademark license agreement is recommendable if you intend to allow another person or business entity to use your trademark or trademarks. If you do not have a formal written trademark license agreement in place, you are putting your trademark rights at risk.

If you are a person or entity intending to use the trademark owned by another, a formal written trademark license agreement and your adherence thereby is recommendable to protect yourself from trademark infringement liability.

The nature and quality of the goods and/or services with which the licensee may use the trademark, also known as a “quality control provision.” Quality control provisions are necessary to a trademark agreement because a trademark represents the trademark owner’s reputation for goods and/or services of a certain level of quality. Consumers rely on this reputation in making purchasing decisions.

to adhere to its quality standards.

A quality control provision should contain a subprovision specifying “trademark usage,” as well as another subprovision specifying “quality control monitoring.” A “trademark usage” subprovision specifies the manner in which the trademark will be used on or in connection with the goods and services of the licensee and on advertising and promotional materials. The licensee may be required to obtain the licensor’s permission before using any new presentation of the trademark. A “quality control” monitoring subprovision may require access to the licensee’s facilities, raw materials, finished products, personnel and records to monitor the licensee’s adherence to the licensor’s quality standards.

Other provisions that are commonly included in a license agreement include the following:

Royalty - Licensors may grant a trademark license in exchange for royalty payments from the licensee.
Time Period of Use - A trademark license agreement usually sets a fixed term or time period of use.
Exclusivity - A trademark may be licensed exclusively to a single licensee or licensed non-exclusively to more than one licensee.
Geographic Scope A trademark license agreement usually specifies the geographic area within in which the trademark or trademarks may be used by the licensee.

An attorney familiar with trademark licensing may provide significant assistance in drafting and negotiating a trademark license. The attorney can advise about local requirements regarding trademark licensing requirements, including possible anti-competition laws and laws regarding recordation of the license. An attorney can anticipate possible challenges to your trademark rights in the future, and include provisions in the license that protect against such challenges.

Forex trading will always be the more volatile when compared to commodities trading. Now both are extremely risky, but commodities trading is a little easier to judge. See some commodities can be tracked by things they are related to. For instance you can track beef commodities by looking at the stocks for major grain companies, or vice versa. Also most commodities trading is done nationally.

Some exportation does account for some of the numbers, but for the most part the numbers reflect domestic usage. This means that by studying the local markets, or one or two foreign markets that consume the commodity you are trading, you will have a better understanding of that commodities market.

Forex, however, is entirely 50/50. Half of your trade is focused on the value of a currency in one economic microcosm, and the other half is based in a totally separate economy. Most pairs are trading in currency that you won’t even be using. For example, a person in the US might trade a pair that is Yen/Euro. Meaning that they are either selling yen to buy Euro’s or selling Euro’s to buy Yen. Knowing the value of money in your own economy can be a full time job for some, but trying to figure it out for two economies that you aren’t even a part of is down right confusing.

You must also remember that every countries economy and monetary system is related to it’s politics. If Japan goes to war with Russia, both economies will be effected, and it’s hard to say which one would come out on top. Not to mention that each country can control the type and quantity of media information that comes out of it. North Korea is a great example of this. Not even foreign made movies are allowed into the country. So the only information that you have about the political and economic standing of the country, is the information that they allow you to have.

At least with commodities trading, your economy is probably a participant in the trade, and you should have some idea as to the general health of your own economy. Most commodities trading is conducted though reputable boards or exchanges, forex is still a relatively unregulated and fractured industry. Not to mention the fact that you can gage the general value of a commodity, but a currency is harder due to many countries operating on a “fiat” system. Commodities offer a risky trade, but they are also based on concrete goods, and are usually easier to gage because of the relatively limited number of economic considerations in play. Forex will always be riskier due to it’s lack of regulation, multiple economic concerns, and fluidity of political risk.

If Your Email Marketing Does not Work, Think Again Why?

Before you arrive at the faulty conclusion that email marketing doesn’t work, let’s look at this from a different perspective for a moment that would make your emails ineffective.

First there’s what you are writing in the body of the email. If this is your first attempt to get in touch with a prospect, what are you putting in the email? A dissertation? If it’s longer than one or two paragraphs, it’s too long. Look at your emails like an initial cold call. You need to laser in and deliver a compelling opening statement that’s going to grab their interest and stimulate a conversation. Because there’s no one to cut you off in an email or stop you from persistent pontification, people have tendency to ramble on and on in an email, giving the prospect the life story of the product or service they want them to consider. Keep it short and focus on the one or two benefits, opening up the opportunity to have a dialogue. That’s it.

Second, are you sending attachments in the first email? No attachments! It’s hard enough sending an unsolicited email to a prospect. Now you’re adding more barriers and increasing the chances of your email winding up in their spam box or junk email folder. Some people have filters on their email that if an attachment is sent it automatically gets deleted. No attachment until that information in the attachment is solicited by the person.

Third, html or text? Once again, with all the email filters people use today, you will increase your odds by sending a text message only rather than trying to get fancy with formatting, graphics and pictures. The prospect really doesn’t care about how beautiful your email looks; they care about the core message. Besides, they will never even get a chance to see your beautiful masterpiece in an html email if it’s winding up in the trash.

Finally, you are using way too many spam words. As mentioned, the biggest enemy to email marketing or selling via email is the additional security that companies and individuals have on their network or computer. As such, the specific words you are using in the body of the email can be the culprit who is sending your email directly into the trash or spam box. In other words, you are using words that are often identified is spam and in turn, you email is getting flagged and deleted. Not even eye contact! The prospect is not getting a chance to, at the very least, see your email let alone read it and have a chance to respond accordingly.