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Trade Mark Licence Agreement

Trade Mark Licence Agreement Template for India

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Key Requirements PROMPT example:

Trade Mark Licence Agreement

"I need a Trade Mark Licence Agreement for my luxury fashion brand to license our trademark to a manufacturer in India for producing branded accessories, with an exclusive territory arrangement for South Asia and quality control provisions."

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Document background
The Trade Mark Licence Agreement is a crucial legal instrument used when a trademark owner wishes to permit another entity to use their trademark(s) while maintaining control over their intellectual property. This agreement is particularly relevant in the Indian market, where it must comply with the Trade Marks Act, 1999, and other relevant Indian legislation. It's commonly used in various commercial arrangements including franchising, manufacturing, distribution, and brand collaborations. The agreement typically includes detailed provisions about trademark usage, quality control measures, territorial restrictions, royalty payments, and termination rights. It's essential for businesses expanding their brand presence through licensing while ensuring proper protection of their intellectual property rights under Indian law.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, details of trademark ownership and registration, and purpose of the licensing arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license, including territory, exclusivity status, and permitted uses of the trademark

5. Term and Renewal: Duration of the license and conditions for renewal

6. License Fees and Royalties: Financial terms including licensing fees, royalty rates, payment schedules, and audit rights

7. Quality Control: Standards for trademark usage, approval processes, and quality maintenance requirements

8. Protection of the Trade Mark: Obligations regarding trademark protection, infringement reporting, and enforcement

9. Representations and Warranties: Statements of fact and guarantees by both parties

10. Obligations of the Parties: Specific duties and responsibilities of both licensor and licensee

11. Termination: Grounds for termination, notice requirements, and post-termination obligations

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

13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be outlined

3. Non-Competition: Include when restricting licensee's involvement with competing brands

4. Insurance: Include when specific insurance requirements are needed for trademark usage

5. Export Restrictions: Include when there are territorial restrictions on export of branded products

6. Technology Transfer: Include when technical knowledge or know-how is being transferred along with trademark rights

7. Corporate Social Responsibility: Include when specific CSR obligations are attached to trademark usage

8. Force Majeure: Include when specific force majeure provisions are required beyond standard clauses

Suggested Schedules

1. Schedule 1 - Licensed Trade Marks: Detailed list of licensed trademarks including registration numbers and classes

2. Schedule 2 - Licensed Territory: Detailed description of geographical territories where license is valid

3. Schedule 3 - Quality Control Standards: Specific quality standards and specifications for trademark usage

4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

5. Schedule 5 - Approved Products/Services: List of products or services approved for trademark usage

6. Schedule 6 - Brand Guidelines: Specific guidelines for trademark display and usage

7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks

8. Appendix B - Approval Procedures: Detailed procedures for obtaining approval for trademark usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Approved Products
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure Event
Intellectual Property Rights
License
Licensed Products
Licensed Territory
Licensed Trade Marks
Licensee
Licensor
Net Sales
Party/Parties
Quality Standards
Quarter
Royalty
Royalty Period
Sub-license
Term
Trade Mark Register
Trade Mark Registrar
Working Day
Year
Marketing Materials
Permitted Use
Registration
Related Rights
Renewal Term
Reports
Specifications
Style Guide
Territory Laws
Trade Dress
Trade Mark Applications
Clauses
Definitions
Grant of License
Exclusivity
Territory
Term and Renewal
Quality Control
Royalty Payments
Audit Rights
Confidentiality
Intellectual Property Rights
Representations and Warranties
Sub-licensing
Non-Competition
Compliance with Laws
Recordal
Marketing and Promotion
Infringement
Indemnification
Insurance
Force Majeure
Assignment
Termination
Post-Termination Obligations
Dispute Resolution
Governing Law
Severability
Entire Agreement
Notices
Amendment
Waiver
Further Assurance
Counterparts
Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Pharmaceuticals

Automotive

Entertainment

Sports

Manufacturing

Franchising

E-commerce

Media and Publishing

Telecommunications

Professional Services

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Business Development

Marketing

Compliance

Finance

Operations

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Contract Manager

Compliance Officer

Chief Executive Officer

Chief Commercial Officer

Franchise Manager

Marketing Director

Risk Manager

Industries
The Trade Marks Act, 1999: Primary legislation governing trademarks in India, including provisions for registration, protection, licensing, and assignment of trademarks
The Trade Marks Rules, 2017: Procedural rules supplementing the Trade Marks Act, including specific requirements for recordal of licensed trademark usage
Indian Contract Act, 1872: Fundamental law governing contracts in India, covering formation, performance, and enforcement of contractual obligations
Competition Act, 2002: Regulates anti-competitive practices and ensures trademark licensing arrangements don't create monopolistic or restrictive trade practices
Income Tax Act, 1961: Governs taxation aspects of trademark licensing, including royalty payments and withholding tax obligations
Foreign Exchange Management Act, 1999: Relevant for cross-border trademark licensing arrangements, governing foreign exchange transactions and overseas royalty payments
The Specific Relief Act, 1963: Provides remedies in case of breach of trademark licensing agreement, including specific performance and injunctive relief
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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