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Royalty Agreement For Use Of Trademark
"I need a Royalty Agreement For Use Of Trademark for my Australian fashion brand to license our registered trademark to a local manufacturer for use on athletic wear, with a 5% royalty rate on net sales and quarterly reporting requirements, starting March 1, 2025."
1. Parties: Identifies and provides full details of the licensor and licensee
2. Background: Context of the agreement, ownership of the trademark, and purpose of the licensing arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the nature and scope of the trademark license, including territory and exclusivity
5. Approved Use: Details permitted uses of the trademark and quality control requirements
6. Royalty Payments: Specifies royalty rates, calculation methods, and payment terms
7. Reporting and Auditing: Requirements for sales reporting and licensor's audit rights
8. Quality Control: Standards and procedures for maintaining trademark quality and reputation
9. Protection of IP Rights: Obligations regarding trademark protection and infringement
10. Term and Termination: Duration of agreement and circumstances for termination
11. Post-Termination Obligations: Parties' obligations after agreement ends
12. Confidentiality: Protection of confidential information exchanged
13. General Provisions: Standard clauses including governing law, notices, and amendment procedures
1. Minimum Performance Requirements: Sets minimum sales or revenue targets, used when licensor wants to ensure active use of the trademark
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the trademark to third parties
3. Marketing and Promotion: Include when specific marketing requirements or cooperative advertising arrangements are needed
4. Export Restrictions: Used when there are territorial restrictions on trademark use
5. Change of Control: Include when agreement should address consequences of ownership changes
6. Dispute Resolution: Detailed dispute resolution procedures, particularly important for international agreements
7. Insurance Requirements: Include when specific insurance coverage is required for trademark use
8. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
1. Schedule 1 - Licensed Trademarks: Detailed description of trademarks, registration numbers, and classes
2. Schedule 2 - Royalty Calculation Method: Detailed formula and examples of royalty calculations
3. Schedule 3 - Approved Products/Services: List of products or services approved for trademark use
4. Schedule 4 - Quality Control Standards: Detailed quality standards and inspection procedures
5. Schedule 5 - Reporting Template: Format for regular sales and royalty reports
6. Schedule 6 - Brand Guidelines: Specifications for trademark usage and brand standards
7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks
8. Appendix B - Territory Map: Geographic areas where trademark use is permitted
Authors
Affiliate
Approved Products
Approved Use
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Contract Year
Effective Date
Force Majeure Event
Gross Sales
Intellectual Property Rights
Licensed Marks
Licensed Products
Licensed Territory
Marketing Materials
Minimum Royalty Payment
Net Sales
Quality Standards
Quarter
Reporting Period
Royalty Rate
Royalty Statement
Sale
Subsidiary
Sub-License
Term
Trademark Register
Trademark Rights
Trade Dress
Use
Valid Claim
Working Day
Year
Definitions
Grant of License
License Scope
Territory Rights
Exclusivity
Term and Duration
Royalty Payments
Payment Terms
Reporting Requirements
Audit Rights
Quality Control
Marketing and Promotion
Trademark Usage
Brand Guidelines
Intellectual Property Protection
Representations and Warranties
Confidentiality
Non-Competition
Sub-Licensing
Assignment
Termination
Post-Termination Obligations
Force Majeure
Dispute Resolution
Governing Law
Indemnification
Insurance
Notices
Amendment
Severability
Entire Agreement
Counterparts
Further Assurance
Compliance with Laws
Waiver
Third Party Rights
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports and Recreation
Technology
Manufacturing
Franchising
Merchandising
Education
Media and Publishing
Automotive
Pharmaceuticals
Professional Services
Legal
Intellectual Property
Brand Management
Commercial
Finance
Business Development
Compliance
Marketing
Operations
Corporate Affairs
Risk Management
Legal Counsel
Intellectual Property Manager
Brand Manager
Licensing Director
Commercial Manager
Chief Legal Officer
Contract Administrator
Business Development Manager
Trademark Attorney
Compliance Officer
Finance Director
Chief Executive Officer
Operations Manager
Marketing Director
Franchise Manager
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