Trademark Licensing Overview

Trademark Licensing Overview Essential Information to begin the Restoration Trademark Process

Available only to members of the Automotive Restoration Market Organization

sema.org/armo

Restoration Trademark Licensing Guide provided exclusively for SEMA

/ ARMO members.

The following pages contain information that is essential for obtaining a Restoration

Trademark License with one of several OEMs. (Ford, Mopar, & GM) The forms and

information are supplied directly from the OEM.

By OEM design, it is not possible to simply fill out a form and become a licensee. Each OEM

places great emphasis on establishing a relationship with its licensing partners. Therefore,

your process will begin with a direct communication, preferably a phone call or email, to the

OEM contact person. The purpose of providing the forms and outlines is to provide advance

knowledge of the kind of information you will be asked to share during the process. This

licensing information is not readily available elsewhere. The participating OEMs have agreed

to supply the information so that ARMO member companies may be better prepared during

the initial phone call.

Regardless of which OEM you are working with, here are a few things to consider regarding

licensing issues:

● Research before, not after, manufacturing begins. If you are using an image, design or

trademark that originated from an OEM, it’s likely that you must obtain a trademark license,

regardless of how old it is or the time that has elapsed since it was last used. In some cases,

the OEM may require a sample to be sent for evaluation; also the OEM may ask for a minor

change to your product to secure a trademark license. This will be easier to accomplish

before you have inventory on the shelf, rather than after. PLEASE keep in mind, failure to

follow these steps can result in costly fines, court hearings, and confiscate of products.

● Have your attorney available to review the licensing documents. As stated above, the

OEM builds a unique relationship with each of its licensing partners. Likewise, each licensing

agreement tends to be unique in some way, and can also be quite lengthy and detailed.

● Establish whether your part is a Restoration Part or an Accessories Part. Make this

distinction early in your conversations with the OEM as there are varying procedures and

departments for Accessories Parts and Restoration/Reproduction parts.

We hope the following pages provide some clarity and direction to get you started.

Disclaimer: The material posted in this document is intended to assist SEMA / ARMO

members to obtain a trademark license with a participating OEM. The material is for

reference only and OEM licensing documents are subject to change. SEMA / ARMO has

relied upon the participating OEMS to provide the material but SEMA / ARMO disclaims any

responsibility for the contents. SEMA / ARMO also disclaims any responsibility for any claims

that might result from reliance on the contents of the posted material. These materials are

not intended to provide legal advice. SEMA / ARMO recommends that you consult with your

attorney when considering a trademark licensing agreement.

Restoration Trademark Licensing

Ford Motor Company

Ford Motor Company administers their licensing programs in house. Your contact for

Restoration Trademark Licensing at Ford is Patrick Mulligan

Patrick Mulligan Director Licensing Global Icons LLC 6 Parklane Boulevard, Suite 605 Dearborn MI 48126 Direct Line: +1 313 281 4395 E-Mail: [email protected] www.globalicons.com

mailto:[email protected]

http://www.globalicons.com/

Ford Restoration Licensing Program

Any company who manufactures or distributes automotive parts that carry registered

trademarks or intellectual property rights owned by Ford must be licensed by Ford to sell

those products. Parts which carry a Ford marking of any kind, use a Ford part number, or are

sold as Ford approved parts must be licensed. Parts made using original Ford tooling also

must be licensed whether they carry a trademark or not.

Ford has registered most of our cherished marks and collects a royalty fee for each part sold.

Any company interested in making Ford parts is encouraged to contact Patrick Mulligan of

Global Icons for guidance and necessary forms. When Ford obsoletes a part from its normal

distribution channel, the company locks down the tools used to make those parts and makes

a determination regarding the future part sales potential for the tools. These tools are then

offered to licensed manufacturers to determine the sales potential. If a licensee requests,

we can award custody of the tool and transfer the tool to the licensee, but Ford retains

ownership of the tools. If the tooling is incomplete, damaged, or worn the licensee may

choose to refurbish, repair, or supplement the tools with compatible new tools. If tooling is

no longer available for a part a licensee may develop tools for a specific part at the licensee’s

cost. In that case, the licensee pays a part trademark royalty for parts produced but would

own the tool.

Parts sold using the Ford smart numbering system are considered Ford-licensed parts and

are subject to the royalty payment. Any company may contact Global Icons and discuss in

confidence their proposal to develop Ford parts. Ford will review the part and check to see if

any licensees are currently manufacturing and advise on the desirability of the proposed

part. Ford does not offer exclusive licensing and other suppliers may be approved for the

same part. However, Ford will not license a part in competition with its own Original Tool

Licensing program.

Once a preliminary proposal for part production is reviewed, the prospective licensee can

submit an application for Ford Restoration Licensing. The application provides company

background, contact information, financial overview, manufacturing capabilities, quality

control, and a brief summary of the prospective licensee’s ability to manufacture the part.

Also included is a brief marketing plan outlining the prospective licensee’s projected sales

quantities, pricing, and primary marketing and distribution channels. The application is

reviewed, and, if the decision is made to move forward with a License Agreement, the

Agreement is negotiated and executed by the Licensee and Ford Motor Company.

The licensee would then develop a new part and submit any pre-production or prototype

parts for Ford’s review. If the part is approved and accepted for production, the prototype

sample is tagged as a Master Sample and retained by the licensee for future reference. If at

any time the quality of the part is questionable the licensee must provide the original tagged

sample as the benchmark for production.

Licensees who are approved to manufacture parts are held accountable for any and all issues

involving the manufacture, distribution, quality, safety, reliability and liability for the

described part and tooling.

The royalty due is expressed as a percentage of the selling price of each part and Royalties

are reported and paid on a quarterly basis. Licensees provide a record of their sales along

with payment to Ford.

All licensees are subject to periodic audits at Ford discretion. The term of the license

agreement is currently 3 years and licensees are required to obtain and retain liability

insurance coverage as outlined in the agreement. The nominal Liability insurance coverage is

$ 3 M to $ 15 M based on the nature and usage of the parts and the associated liability.

2018 LICENSEE APPLICATION FORM



MOPAR/Chrysler



FCA/MOPAR FCA (Fiat Chrysler Automobiles) also utilizes an outside agency for trademark licensing,

Trademarketing Resources, Inc. (TRI). Mike Rachuy will be your first point of contact for

MOPAR/FCA licensing information.

Mike Rachuy EVP

Trademarketing Resources, Inc. MOPAR/FCA Restoration

Licensing Clarkston, MI 248-922-9678

[email protected]

MOPAR Licensing Program

When you become a licensee of the MOPAR Authentic Restoration Products Program, you

can take advantage of exclusive opportunities and support from FCA US LLC, such as:

• Permission to use FCA trademarks including MOPAR, Chrysler, Dodge, Jeep®,

Pentastar and Hemi, to name a few

• Use of Mopar Authentic Restoration Product logo, which acts as the consumer’s

“seal of authenticity”

• Peace of mind knowing that your use of FCA trademarks meets proper legal

guidelines

• A community atmosphere among licensees, encouraged through FCA, that promotes

the exchange of information and ideas across the licensee community

• Potential exposure at MOPAR events and/or MOPAR publications and social media

activities

How to become a MOPAR Restoration Parts Licensee

The following outlines the steps to become an authorized MOPAR Licensee to produce

restoration parts for all MOPAR (Chrysler, Dodge, Plymouth, RAM, Jeep, AMC, Desoto

and Imperial) vehicles.



1. Contact Trade marketing Resources, Inc. (TRI), the exclusive licensing agency for

the MOPAR division of FCA US LLC, and request a licensing application :

Trademarketing Resources, Inc.

5710 Bella Rose Blvd.

Suite 100

Clarkston, MI 48348

Phone: (248) 922-9678

Fax: (248) 922- 4580

Email: [email protected]

2. Complete the trademark license application and return it to TRI

• Brief historical overview of your company

• List of products you wish to produce

• Sales forecast of the products

• Other relevant information

3. Your TRI representative will get back in contact with you to discuss your

application and sales forecast and potential deal terms for the license agreement. If a

preliminary agreement on terms is reached, the process proceeds to Step 4.

4. Your TRI representative will draft a Terms Sheet to memorialize the proposed deal

terms (products, trademarks, distribution channels, royalty rate, annual royalty

guarantees, royalty advance and product liability insurance requirements) for your

review and signature.

5. TRI will present your signed Terms Sheet to FCA and MOPAR management for

review and approval.

6. Provided that the Terms Sheet is approved by FCA and MOPAR management, TRI

will draft the License Agreement and send to you for review and signature. At this

time you will also be required to supply your proof of insurance and pay your

royalty advance.



7. Upon receipt of the signed License Agreement proof of insurance and royalty

advance, TRI will submit the License Agreement to FCA Legal for final review and

approval.

8. One the License Agreement has been approved by FCA and fully executed by both

parties, TRI will send you a signed License Agreement and a “Welcome to the

MOPAR Licensing Program” information packet. This packet will include the FCA

Trademark Usage Standards, Product Approval procedures and Product Submission

Form, as well as information on the process for Royalty Reporting.

9. At that point you will be ready to start your product development process, working

closely with TRI throughout all steps to ensure your product is reviewed and

approved by FCA at all prototype, preproduction and production stages.

10. Thirty days after the close of each calendar quarter, you will submit an online

Quarterly Sales and Royalty Report to TRI, along with required royalty payments.


Mopar Licensing Program Trademark License Application

The Mopar division of FCA US LLC would like to thank you for your interest in licensing the use of one or more Trademarks for use in connection with your product(s). To expedite your request, please complete this application and return it to: Trademarketing Resources, Inc., 5710 Bella Rose Blvd, Suite 100, Clarkston, MI 48348. Phone: (248) 922-9678 Fax: (248) 922-4580 Email: [email protected]

Company Information Company Name:

Company d/b/a’s or a/k/a’s:

Company’s State of Incorporation:

Contact Name:

Headquarters Street Address:

City, State, Zip, Country:

Phone:

Fax:

Email Address: Company Website:

Company Sales and Marketing Information Gross Sales: 2018: $ 2017: $ 2016: $ 2015: $

Advertising: 2018: $ 2017: $ 2016: $ 2015: $

Current Distribution Channels (please check all that apply)

Discount Stores Department Stores Specialty Stores Mail Order / Catalog

Direct Mail Internet / E-commerce Hobby Stores TV Home Shopping

Warehouse Clubs Grocery Stores Wholesale Rack Merchandisers

Special Events Fund Raisers Dealerships: Automotive Snowmobile/ATV/PWC

Other:____________ Other:____________ Other:____________ Other:____________

Countries your products are sold in:



Retail Account References Retailer Name: Buyer:

Percentage of your company’s total business:

Address:

Phone: Fax:

Retailer Name: Buyer:


Address:

Phone: Fax:



Address:

Phone: Fax:



Address:

Phone: Fax:



Address:

Phone: Fax:

Additional Company Reference Information Bank or Financial Institution Name: Contact Name:

Address: Phone:

Bank or Financial Institution Name: Contact Name:

Address: Phone:

Current D&B rating:

Current product liability carrier(s):

Type and limit of each coverage:

Current advertising agency:

Current public relations firm:


Licensor References Identify all entities your company currently holds trademark licenses with.

Licensor: Contact Name:

Licensed Products:


Licensed Products:


Licensed Products:

Please check off and enclose these additional items as well as any additional information that will assist in evaluating your license request. Product Catalogs Price Lists Brochures Promotional Materials Annual Report

Other:

Proposed Licensed Products and Business Plan Information Desired Trademarks and Products

Trademark: Product:

Trademark: Product:

Trademark: Product:

Trademark: Product:

Trademark: Product:

Trademark: Product:

Product Manufacturer(s)

Product: Manufacturer: Address:

Please submit the following when submitting this Application:


Detailed marketing plan including anticipated timing for marketing each product Samples of each product (to be used to evaluate product quality and workmanship)


Sales Projections For Proposed Products: Proposed Product:

Year 1 Year 2 Year 3

Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:

Proposed Product:


Units:

Sales $:


Product Quality:

1. Please describe your company’s quality assurance procedures (Please supply available documentation

and/or certification)

2. If there are any government, safety, performance and/or industry standards that are applicable to the product(s) you intend to produce under a license from FCA US LLC, please list the standards and attach any documentation you have that supports your company’s compliance with these standards (including FVMSS, ASTM, or other standards)

3. What testing procedures do your company and relative manufacturing facilities have in place to test, regulate and monitor the quality of your products? (Please detail the regulatory measures that will be in

place to monitor the quality of FCA US LLC branded product potentially produced by your company)

4. Has your company or any products produced by your company experienced a safety alert or consumer product recall within the last 10 years? (If so, please detail the event and how the issue was

rectified)

We appreciate your completing this application and returning it to Trademarketing Resources, Inc. Please note that this application does not constitute an offer from, or imply any obligation on the part of, FCA US LLC or any of its Divisions to grant your company a license in any category.

Submitted By Signature:

Printed Name:

Title:

Company:

Date:



GM Licensed Accessories Only

(Restoration is still in the process and will be released when GM is ready.)

GM Licensed Accessories Manager

2800 Livernois Rd

Suite 600

Troy, MI 48083

[email protected]

Return this completed form to [email protected] or mail to General Motors, Attn: Licensing Department/Application Form,

100 Renaissance Center, MC: 482-A23-D11, Detroit, Michigan 48265.

COMPANY INFORMATION

Company Name:




Company Contact Name:

Contact Title

Principal Owner(s):

Title(s):

Address:

City State Zip Code

Telephone:

E-mail Address:

Web Site Address:

Number of Years in Business:

Number of Employees

Current Year Total Sales Volume:

Previous Year Total Sales Volume:

What percentage of your overall sales is

derived from licensed merchandise?: %

Privately held company (Y/N): Publicly held company (Y/N):


Business-to-Business

Online Retailers

Distributors

Mass Retailers

Gifts/Specialty Stores

Sporting Good Stores

%

%

%

%

%

%

Warehouse Clubs

Direct-to-Consumer

Catalogs

Others

%

%

%

%

%

BRAND LICENSE APPLICATION DETAIL

Please identify the type(s) of trademark you want to license (check all that apply):

TRADEMARKS (such as Corvette)

CHANNELS

Please indicate the percentage each of following distribution channels comprise of your related business products.

For example, 0% indicates that no business is done within those channels, while 100% would indicate all of the company's business is

done within that distribution channel.

Department Stores % Book Stores/Book Trade %

Please specify the key licenses your company currently holds and for how long:

1)

2)

3)

4)

5)

Licensed Product Category

Branded Merchandise

Vehicle Accessory(ies)

Performance Parts

Restoration Parts

Technical Publications/Manuals

BRAND TRADEMARKS

Chevrolet

Buick

GMC

Cadillac

GM

ACDelco

OnStar

Maven

Hummer

Oldsmobile

Pontiac

Other:

LICENSING BUSINESS

Does your company currently manufacture products under licensing contracts? (Y/N):


SALES TEAM/CUSTOMER SERVICE

Please describe your organization's support structure for servicing retail accounts:

MANUFACTURING INFORMATION

As it applies to products for this application, where will the proposed products be manufactured?:

How many active manufacturering relationships does your organization have?

Please identify countries where you produce product in order of volume:

1) 6)

2) 7)

3) 8)

4) 9)

5) 10)

PRODUCT INFORMATION

Briefly describe the product(s) you are submitting for consideration. Please note that General Motors

will not license products that do not meet our safety requirements and policies.

Does your company currently manufacture or sell the product(s) being submitted ? (Y/N):


DISTRIBUTION

Please indicate the regions where your products are currently being sold. List individual countries within regions if sales in that country

exceed 5% of your total sales.

Canada Mexico

ADDITIONAL REQUESTED MATERIALS

As part of the submission, in addition to this form, please include an electronic copy of any, or all, of the following materials for

your company:

1) Most recent Annual Report

2) Sales catalogs, brochures, sell sheets

3) Articles or any other media coverage of your company

LEGAL NOTICE REGARDING PROPRIETARY INFORMATION

This submission, and any prior or subsequent related submission(s) (hereinafter, referred to collectively as the “Submission”), is being

provided by you entirely voluntarily and without expectation of any obligation on the part of GM including, without limitation,

confidentiality, compensation or the granting of a license to you. To the extent that any part of the Submission is marked as

"CONFIDENTIAL," "SECRET," "PROPRIETARY" or with other words to that effect, such notations will have no effect and will create no obligation

whatsoever on the part of GM. GM shall not be restricted in its use of any information contained in the Submission including, without

limitation, in connection with the development or licensing of any goods or services which may be the same or substantially similar to those

contained in the Submission, and you shall not be entitled to any compensation in connection with any such use by GM or its licensees. Any

materials you submit will not be returned, and may be retained by GM.

Yes, I have read the CONDITIONS FOR SUBMITTING A LICENSEE APPLICATION FORM to GENERAL MOTORS (signature required):

Information Submitted By: Signature:

Date:

U.S.

Australia/NZ

Europe

South America

Asia

Africa

Trademark Licensing Overview

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