A License To Use Trademark agreement is essential when a trademark owner wishes to grant another party the right to use their registered trademark(s) while maintaining control over their intellectual property. This document is particularly relevant in the Irish market and must comply with both Irish and EU trademark laws. It's commonly used in various commercial arrangements including franchising, merchandise licensing, and brand collaborations. The agreement covers crucial elements such as usage rights, quality control measures, financial terms, and territorial restrictions. It's designed to protect the trademark owner's interests while providing clear guidelines for the licensee's authorized use of the mark. The document becomes necessary when businesses want to expand their brand reach, enter new markets, or monetize their intellectual property through controlled third-party usage.
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1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses
2. Background: Context of the agreement, description of the trademark(s), and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Specific rights being granted, including scope, territory, and exclusivity status
5. License Fee and Payment Terms: Financial terms including royalties, payment schedules, and calculation methods
6. Quality Control: Standards for trademark usage, approval processes, and quality maintenance requirements
7. Usage Guidelines: Specific requirements for how the trademark must be displayed and used
8. Term and Termination: Duration of the license and circumstances for termination
9. Representations and Warranties: Statements of fact and promises by both parties
10. Protection of the Trademark: Obligations regarding trademark protection and infringement handling
11. Confidentiality: Provisions for handling confidential information
12. Indemnification: Mutual or unilateral indemnification obligations
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Sub-licensing Rights: Include when the Licensee is permitted to grant sub-licenses
2. Minimum Sales Requirements: Include when there are minimum sales or performance targets
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Territory-Specific Terms: Include when the license covers multiple territories with different requirements
5. Product Development: Include when the license involves product development or modification rights
6. Change of Control: Include when there are specific provisions regarding change in ownership of either party
7. Export Control: Include when the licensed products are subject to export regulations
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks including registration numbers and classes
2. Schedule 2 - Territory: Detailed description of the geographic territory covered by the license
3. Schedule 3 - Licensed Products/Services: Comprehensive list of products or services covered by the license
4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and procedures
5. Schedule 5 - Brand Guidelines: Visual guidelines for trademark usage including size, color, and positioning requirements
6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and examples
7. Appendix A - Approval Process: Step-by-step process for obtaining approval for trademark usage
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