Guide To Obtaining Cobranded Brand Authorization

What is Cobranding?

Cobranding is a marketing strategy where two or more brands collaborate to create a product that features both brands' identifiers (logos, names, etc.). This strategy usually involves a licensing agreement between the brands.
The typical scenario is as follows: The licensee (the first brand) obtains a license from the licensor (the second brand) to use the licensor's brand on the licensee's product.

Who Needs To Apply For Cobranded Brand Authorization?

A seller must apply for cobranded brand authorization if they are selling products that feature both their own brand and another brand.

How To Apply For Cobranded Brand Authorization

You can apply for cobranded brand authorization through the Qualification Center. Select Brand Qualification > Add Brand Authorization > Co-Branding and Licensing.

❗REMINDER! You should only select this option if you have a license to use another brand's IP on your products.

To apply for this authorization, you must submit a cobranding license agreement. Ensure that it explicitly mentions the following:

• Licensor: This refers to the brand that is granting you the license to use their IP on your products. They can be the brand owner or a licensing agency managing their brand on their behalf.
• Licensee: This refers to your brand (i.e., the brand that is licensed to use the licensor's IP).

❗After your cobranding application is approved, ensure that you list the product under the licensee (your) brand. Refer to the "How Brand Authorization Works" section in our main Brand Authorization guide for more details.

• Licensor IP: This refers to the trademark that the licensor has granted you a license to use. This may be a brand name, logo, design, or other brand identifier.
• Expiry date for the license.

❗We understand that some licenses are permanent. In such cases, please select the "Permanent" checkbox in your brand authorization application.

• The product category you intend to sell.

❗This should match the trademark class on the licensor IP's trademark certificate.

What If I Am Only Reselling Cobranded Products?

You must obtain a copy of the cobranding licensing agreement, and submit it to us.

💡Ask your product supplier for help in securing this agreement.

Examples Of Cobranding Scenarios

Scenario A

Imagine two fictional companies:

• SolarSip: Your company and brand, a beverage company known for eco-friendly drinks.
• Iceberg: A company that makes self-cooling container technology, trademarked as TechGlow.

Iceberg authorizes your company SolarSip to make a cobranded product utilizing TechGlow. The TechGlow logo is clearly visible on the product, but the product is branded SolarSip. This is a cobranded product because customers see both brands presented equally as contributors. If you want to apply for cobranded brand authorization to sell this bottle:

• The licensor is Iceberg since they granted you permission to use TechGlow.
• The licensee is SolarSip becomes you received the permission to use TechGlow.
• The licensor IP is TechGlow.

Scenario B

Imagine two fictional companies:

• Drinkware: A company and brand that sells vacuum flasks.
• Better Comics: A company and entertainment brand that owns famous cartoon, movie, and superhero characters.

Drinkware collaborates with Better Comics to feature a cartoon character, Manyman, owned by Better Comics on its flasks. You intend to resell these flasks. If you want to apply for cobranded brand authorization to sell these flasks:

• The licensor is Better Comics since they granted Drinkware permission to use Manyman.
• The licensee is Drinkware because they received permission to use Manyman.
• The licensor IP is Manyman.
• Once we approve your application, you can sell flasks displaying Manyman. If you want to sell flasks that feature other characters, you must submit applications for each character.

❗Some licensing agreements might cover multiple characters. However, you will still need to submit individual applications for each character. You can reuse the same licensing agreement in your applications.

Best Practices When Submitting A Cobranding or Licensing Application

• Ensure that the document you submit includes terms like "licensor", "licensee", and "license". These indicate that the document is a licensing agreement.
• Ensure that it is clear who is the licensor, licensee, and licensed IP.
• Ensure that the licensor, licensee, and licensed IP names are accurate. The licensor name and licensed IP must match the official trademark certificate. The licensee name must match the proof-of-business documents you submitted when registering your seller account.
• Ensure that the application is not expired.

Frequently Asked Questions

How is the licensor IP verified?

• Trademarks are verified through USPTO. The details in your submission must match the information in the TESS database.

What happens when my license expires?

• You will lose brand authorization which may result in product takedowns. We recommend reaching out to the licensor to obtain new documentation 30 days before the expected expiry date. The process will be the same as the first application for brand authorization and can be submitted through the Qualification Center.