What should you review before letting another business use your trademark?

Before allowing another business to use a trademark, confirm who owns it, which signs and products are involved and how the collaboration will operate. Then define the permitted use and its controls. The commercial discussion should become an agreement distinguishing authorized activities, required approvals and what happens when the relationship ends.

Identify the asset and the participants

A company may use a business name, logo, domain and several product names without each having the same protection. Gather the documents associated with each asset and establish which individual or entity appears as its owner. This avoids negotiating around an assumption that the operating company owns every relevant right.

Mexico's Federal Law for the Protection of Industrial Property addresses licenses for registered trademarks and pending applications, together with related registration procedures. The analysis should use the current law and the particular file. Possession of a logo file alone does not demonstrate permission to exploit it commercially.

It also matters who will use the mark in practice: a distributor, related company, agency or another operator. Identify each participant before creating materials, listing products or launching a campaign that relies on the proposed authorization.

Define the intended permission

• Specify the signs, graphic versions and products or services included in the collaboration.
• Describe the intended territories, sales channels and advertising media, including websites and digital platforms.
• Clarify exclusivity, restrictions and whether other participants may be allowed to use the mark.
• Establish who approves materials and how approvals or requests for correction will be recorded.
• Organize commercial terms, reports and records that will allow the parties to review the arrangement.
• Address inventory, advertising, digital accounts and materials remaining when the relationship ends.

These questions are a negotiating framework, not a complete contract checklist for every arrangement. Additional analysis may be needed where the project combines a trademark with technical knowledge, support or other rights. The label chosen for an agreement cannot replace examination of what the parties actually undertake to do.

Test the arrangement against a practical situation

Suppose a distributor wants to use the logo on an online marketplace and appoint an advertising agency. The discussion should clarify who controls the account, who approves creative materials and how those materials will be removed if the collaboration ends.

This example exposes gaps that a general permission clause may leave unresolved. It also shows why commercial and legal teams should coordinate with the people managing digital assets. An agreement that is difficult to implement can create disagreement even when both parties initially share the same commercial objective.

Maintain a record of approvals and responsible contacts. When products, channels or participants change, reviewing the scope before expanding use helps both businesses retain a documented understanding of the relationship and its limits.

Frequently asked questions

Is registering a domain the same as registering a trademark?

They are different mechanisms. Control of a domain does not establish trademark protection or permission to use someone else's signs. The rights and proposed uses relevant to the project need their own review.

Does a license transfer trademark ownership?

Permission to use a mark and an assignment of ownership serve different purposes. The agreement and its effects should be assessed against the rights involved, without treating the two concepts as interchangeable.

Next step: prepare an intangible-assets discussion with the trademark records and proposed collaboration model. Final terms require assessment of the specific arrangement and current legal framework.