Trademark License Template for India

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Key Requirements PROMPT example:

Trademark License

"I need a Trademark License Agreement for my company to license our registered clothing brand trademark to a manufacturer in Mumbai, India, with quality control requirements and a 5% royalty on net sales, starting March 2025."

Document background
The Trademark License Agreement is a crucial legal instrument used when a trademark owner wishes to permit another party to use their registered trademark(s) in India. This document is essential for businesses looking to expand their brand presence through licensed manufacturing, distribution, or service provision. The agreement must comply with the Indian Trade Marks Act, 1999, and related regulations, which require specific provisions for quality control and trademark usage. It typically includes detailed terms about royalty payments, territory restrictions, quality standards, and trademark protection measures. This type of agreement is commonly used in franchise arrangements, manufacturing partnerships, merchandising deals, and international brand expansions where the trademark owner wants to maintain control over their intellectual property while allowing others to benefit from its commercial value.
Suggested Sections

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

2. Background: Context of the agreement, including details of trademark ownership and registration

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

4. Grant of License: Scope and nature of the license (exclusive/non-exclusive), permitted uses, and territorial limits

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

6. License Fees and Royalties: Payment terms, calculation of royalties, and payment schedules

7. Quality Control: Standards, inspection rights, and approval procedures for licensed products/services

8. Use of the Trademark: Specific guidelines for trademark usage and brand guidelines compliance

9. Representations and Warranties: Parties' assertions regarding trademark ownership, authority to license, and non-infringement

10. Protection of the Trademark: Obligations regarding trademark protection and handling infringement

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

12. Confidentiality: Protection of confidential information exchanged during the license relationship

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

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

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 obligations or restrictions need to be detailed

3. Export Restrictions: Include for licenses with international implications or territorial restrictions

4. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics

5. Assignment Rights: Include when transfer of license rights needs specific regulation

6. Insurance: Include when specific insurance requirements are needed for product liability

7. Dispute Resolution: Include when specific arbitration or mediation procedures are preferred

8. Force Majeure: Include when specific force majeure provisions are needed beyond standard terms

Suggested Schedules

1. Schedule A - Licensed Trademarks: Details of all licensed trademarks including registration numbers and classes

2. Schedule B - Licensed Products/Services: Comprehensive list of products/services covered by the license

3. Schedule C - Territory: Detailed description of geographical areas where license is valid

4. Schedule D - Quality Standards: Specific quality control requirements and specifications

5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties

6. Schedule F - Brand Guidelines: Specific requirements for trademark usage and brand compliance

7. Appendix 1 - Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage

8. Appendix 2 - Reporting Templates: Standard forms for sales reports and royalty calculations

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

Clauses
Relevant Industries

Retail

Manufacturing

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Pharmaceuticals

Entertainment

Sports and Recreation

Automotive

Franchising

Education

Hospitality

Media and Publishing

Software and Technology

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Licensing

Compliance

Marketing

Finance

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Licensing Director

Commercial Director

Business Development Manager

Franchise Manager

Contract Manager

Chief Legal Officer

Intellectual Property Counsel

Trademark Attorney

Commercial Lawyer

Compliance Officer

General Counsel

Marketing Director

Industries
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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