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Permission To Use Trademark Agreement
"I need a Permission to Use Trademark Agreement for my Australian fashion retail company to allow a manufacturer in Queensland to use our registered clothing brand trademark on locally produced athletic wear from March 2025, with strict quality control requirements and a 3% royalty fee."
1. Parties: Identifies and provides full details of the trademark owner (licensor) and the party receiving permission to use the trademark (licensee)
2. Background: Establishes the context, including trademark ownership details and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including the specific trademark(s) covered
4. Grant of Permission: Specifies the exact nature and scope of the permission granted to use the trademark
5. Term and Territory: Defines the duration of the permission and the geographic areas where the trademark may be used
6. Permitted Use: Details the specific ways in which the trademark may be used, including any restrictions
7. Quality Control: Establishes standards and requirements for maintaining the quality of goods/services associated with the trademark
8. Fees and Royalties: Specifies any payments required for the use of the trademark
9. Trademark Ownership: Confirms the owner's rights and prohibits any challenges to trademark validity
10. Representations and Warranties: States the parties' assertions regarding their authority and trademark rights
11. Termination: Outlines circumstances and procedures for ending the agreement
12. Post-Termination Obligations: Specifies duties and restrictions after the agreement ends
13. General Provisions: Includes standard legal clauses such as governing law, notices, and amendment procedures
1. Sub-licensing Rights: Includes when the licensee may be permitted to grant sub-licenses to other parties
2. Marketing and Promotion: Specific terms regarding how the trademark may be used in advertising and marketing
3. Audit Rights: Provisions allowing the trademark owner to audit the licensee's use of the trademark
4. Insurance Requirements: Required when the trademark use involves significant liability risks
5. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration provisions
6. Compliance with Laws: Specific obligations regarding regulatory compliance in relevant industries
7. Assignment and Transfer: Terms regarding the ability to transfer rights under the agreement
8. Confidentiality: Required when sensitive information will be shared between parties
1. Schedule A - Trademark Details: Detailed description of the trademark(s), including registration numbers and images
2. Schedule B - Approved Uses: Specific examples and guidelines for acceptable trademark usage
3. Schedule C - Quality Control Standards: Detailed specifications for maintaining quality standards
4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Schedule E - Territory Map: Visual representation of the permitted geographic territory
6. Appendix 1 - Brand Guidelines: Specific requirements for visual presentation of the trademark
7. Appendix 2 - Approval Process: Detailed procedures for obtaining approval for new uses of the trademark
Authors
Approved Use
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure Event
Goodwill
Initial Term
Intellectual Property Rights
License Fee
Licensed Products
Licensed Services
Licensed Trademark
Licensee
Licensor
Mark
Net Sales
Notice
Permitted Purpose
Permitted Territory
Quality Standards
Renewal Term
Royalty
Term
Territory
Trade Mark Register
Trademark Rights
Use
Valid Claim
Working Day
Definitions and Interpretation
Grant of Rights
Term and Termination
Permitted Use
Territory Restrictions
Quality Control
Fees and Royalties
Trademark Protection
Representations and Warranties
Indemnification
Confidentiality
Non-Competition
Assignment
Sub-Licensing
Audit Rights
Breach and Remedies
Force Majeure
Dispute Resolution
Governing Law
Intellectual Property Rights
Compliance with Laws
Record Keeping
Marketing and Promotion
Notices
Amendment
Severability
Entire Agreement
Further Assurance
Waiver
Counterparts
Retail
Manufacturing
Technology
Fashion and Luxury Goods
Food and Beverage
Entertainment
Sports
Media and Publishing
Consumer Goods
Professional Services
Healthcare
Education
Telecommunications
Automotive
Hospitality
E-commerce
Legal
Intellectual Property
Marketing
Brand Management
Business Development
Commercial
Compliance
Corporate Affairs
Licensing
Risk Management
Product Development
Strategic Planning
Legal Counsel
Intellectual Property Lawyer
Brand Manager
Licensing Manager
Commercial Director
Business Development Manager
Marketing Director
Compliance Officer
Contract Manager
Chief Legal Officer
Trademark Attorney
General Counsel
Corporate Counsel
IP Portfolio Manager
Franchise Manager
Chief Marketing Officer
Chief Commercial Officer
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