Brand Use Agreement Template for Switzerland

The Brand Use Agreement serves as a critical legal instrument for companies seeking to authorize third parties to use their brand assets while maintaining control over their intellectual property. This document is essential in situations where a brand owner wishes to expand their market presence through partnerships, licensing arrangements, or franchise relationships while ensuring their brand integrity is preserved. Under Swiss law, which provides robust protection for intellectual property rights, this agreement must carefully balance commercial interests with legal compliance requirements. The document typically includes detailed provisions on approved usage, quality standards, territorial restrictions, and monitoring mechanisms, all structured to comply with Swiss federal laws on trademark protection, unfair competition, and commercial relationships. It's particularly relevant in Switzerland's sophisticated market environment, where brand value and reputation are highly protected assets.

1. Parties: Identification of the brand owner and the licensed user, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the brand owner's rights and the intended use by the licensed party

3. Definitions: Detailed definitions of key terms including 'Brand', 'Territory', 'Licensed Products/Services', 'Brand Guidelines', and other relevant terms

4. Grant of Rights: Specific rights granted for brand usage, including scope, territory, and any restrictions

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Brand Usage Requirements: Mandatory guidelines for brand usage, quality standards, and approval processes

7. Quality Control: Procedures for maintaining brand standards and the brand owner's right to inspect and approve usage

8. Intellectual Property Protection: Provisions for protecting the brand's intellectual property rights and handling infringement

9. Fees and Payment Terms: Financial terms including licensing fees, royalties, and payment schedules if applicable

10. Representations and Warranties: Legal assurances from both parties regarding rights, authority, and compliance

11. Indemnification: Obligations to protect against losses arising from brand usage or agreement breaches

12. Confidentiality: Protection of confidential information exchanged during the agreement

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices