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Trademark Security Agreement
"I need a Trademark Security Agreement under Australian law for my tech startup to secure a $2M loan from Western Bank Ltd, using our three registered software trademarks as collateral."
1. Parties: Identification of the grantor (trademark owner) and secured party
2. Background: Context of the security arrangement and brief description of the trademark assets and secured obligations
3. Definitions and Interpretation: Key terms including 'Secured Property', 'Security Interest', 'Secured Money', 'Trademarks' and interpretation principles
4. Grant of Security Interest: Creation and scope of the security interest over the trademarks
5. Secured Obligations: Definition and scope of the obligations being secured
6. Representations and Warranties: Grantor's warranties regarding trademark ownership, validity, and absence of encumbrances
7. Trademark Protection and Maintenance: Obligations to maintain trademark registrations and protect trademark rights
8. Restrictions on Dealings: Limitations on disposal, licensing, or encumbering the trademarks
9. Registration and Perfection: Requirements for registering the security interest under PPSA and at IP Australia
10. Enforcement: Rights and remedies upon default, including power of sale and appointment of receivers
11. Release and Discharge: Conditions and process for releasing the security interest
12. General Provisions: Standard provisions including notices, governing law, and execution
1. Licensed Trademarks: Additional provisions for trademarks subject to existing license agreements
2. International Rights: Provisions dealing with international trademark registrations and foreign security requirements
3. Quality Control: Provisions ensuring trademark usage maintains required quality standards during security period
4. Domain Names: Additional security provisions for related domain names if included in security
5. Priority Arrangements: Provisions dealing with priority of security interest relative to other secured parties
6. Power of Attorney: Appointment of secured party as attorney for trademark matters
1. Schedule 1 - Secured Trademarks: Detailed list of all trademarks covered by the security interest, including registration numbers and status
2. Schedule 2 - Existing Licenses: Details of any existing trademark licenses or agreements affecting the secured trademarks
3. Schedule 3 - Security Interest Registration Requirements: Specific requirements for registering security at IP Australia and on PPSR
4. Schedule 4 - Form of Notice of Release: Template for notice releasing security interest upon discharge
5. Appendix A - Trademark Registration Certificates: Copies of trademark registration certificates
6. Appendix B - Security Interest Registration Forms: Required forms for recording security interest at IP Australia
Authors
Secured Property
Security Interest
Secured Money
Secured Obligations
Default Event
Enforcement Event
Associated Rights
Business Day
Collateral
Controller
Encumbrance
Governmental Agency
IP Australia
Licensed Trademarks
Licensee
Perfection
PPSA
PPSR
Power of Attorney
Priority Agreement
Receiver
Registration Requirements
Related Rights
Release Date
Secured Party
Security Period
Trade Mark Act
Trade Mark Applications
Trade Mark Register
Trademark Licenses
Transaction Documents
Verification Statement
Goodwill
Intellectual Property Rights
Material Adverse Effect
Permitted Encumbrance
Security Trust Deed
Guarantee
Security Provider
Authorized Officer
Costs
Disposal
Enforcement Rights
Financial Indebtedness
Security Trust
Trademark Office
Grant of Security
Secured Obligations
Registration and Perfection
Representations and Warranties
Trademark Protection
Maintenance Obligations
Dealing Restrictions
Enforcement Rights
Default Events
Remedies
Power of Attorney
Release and Discharge
Priority
Further Assurance
Costs and Expenses
Notices
Assignment
Confidentiality
Governing Law
Jurisdiction
Quality Control
Trademark Usage
Insurance
Indemnification
Amendment
Severability
Entire Agreement
Counterparts
GST
Waiver
Time of Essence
Force Majeure
Dispute Resolution
Financial Services
Retail
Consumer Goods
Technology
Pharmaceuticals
Fashion and Luxury Goods
Food and Beverage
Manufacturing
Media and Entertainment
Professional Services
Telecommunications
Legal
Intellectual Property
Finance
Treasury
Risk Management
Compliance
Brand Management
Corporate Development
Commercial Operations
General Counsel
Intellectual Property Lawyer
Commercial Lawyer
Banking & Finance Lawyer
Chief Financial Officer
IP Manager
Brand Protection Manager
Legal Counsel
Finance Director
Trademark Attorney
Security Trustee
Commercial Director
Risk Manager
Compliance Officer
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