Trademark Security Agreement Template for India

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Key Requirements PROMPT example:

Trademark Security Agreement

"I need a Trademark Security Agreement to pledge my registered clothing brand trademark as collateral for a ₹50 million loan from State Bank of India, with the agreement to be effective from March 1, 2025."

Document background

The Trademark Security Agreement is a specialized legal instrument used when a party wishes to pledge its trademark rights as collateral for a loan or other financial obligation in India. This document is particularly important in financing transactions where a company's intellectual property portfolio represents significant value. The agreement must comply with both the Indian Trade Marks Act, 1999, and security interest regulations, requiring careful consideration of intellectual property and secured transaction laws. It becomes necessary when companies seek to leverage their trademark assets for financing, during corporate restructuring, or as part of larger security arrangements. The document typically includes detailed descriptions of the secured trademarks, representations about ownership and validity, maintenance obligations, and enforcement mechanisms. It requires registration with both the Indian Trademark Office and relevant property registries to ensure enforceability.

Suggested Sections

1. Parties: Identification of the Trademark Owner (Grantor) and the Security Interest Holder (Secured Party)

2. Background: Context of the agreement, including reference to the underlying credit facility or obligation being secured

3. Definitions: Definitions of key terms including 'Trademarks', 'Security Interest', 'Events of Default', and other relevant terms

4. Grant of Security Interest: Express creation and grant of the security interest in the specified trademarks

5. Secured Obligations: Description of the obligations secured by the trademark security interest

6. Representations and Warranties: Grantor's representations regarding ownership, validity, and status of the trademarks

7. Covenants: Ongoing obligations of the Grantor regarding maintenance, protection, and use of the trademarks

8. Rights and Obligations: Respective rights and obligations of both parties during the term of the agreement

9. Events of Default: Circumstances constituting default and triggering enforcement rights

10. Enforcement Rights: Secured Party's rights and remedies upon default

11. Term and Termination: Duration of the agreement and conditions for termination

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

13. Miscellaneous: Standard provisions including notices, amendments, severability, and entire agreement

Optional Sections

1. Further Assurances: Additional commitments to execute documents or take actions to perfect the security interest - include when dealing with international parties or complex trademark portfolios

2. Power of Attorney: Grant of power of attorney to the Secured Party - include when stronger enforcement rights are required

3. Insurance: Requirements for insurance of trademark rights - include for high-value trademarks

4. Release Provisions: Detailed provisions for release of security interest - include when dealing with multiple trademarks or partial releases

5. Registration Requirements: Specific provisions regarding registration of the security interest - include when dealing with registered trademarks in multiple jurisdictions

6. Royalty Provisions: Provisions regarding treatment of trademark royalties - include when the trademark generates licensing revenue

Suggested Schedules

1. Schedule 1 - Protected Trademarks: Detailed list of all trademarks covered by the security interest, including registration numbers and status

2. Schedule 2 - Existing Licenses: List of existing trademark licenses and agreements affecting the secured trademarks

3. Schedule 3 - Secured Obligations: Detailed description of the underlying obligations being secured

4. Appendix A - Form of Notice: Standard form for notices to be filed with trademark offices

5. Appendix B - Form of Release: Standard form for release of security interest upon satisfaction of obligations

6. Appendix C - Trademark Office Filing Requirements: Specific requirements for recording the security interest in relevant trademark offices

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Consumer Goods

Technology

Pharmaceuticals

Fashion and Luxury Goods

Food and Beverage

Entertainment

Media and Communications

E-commerce

Professional Services

Relevant Teams

Legal

Intellectual Property

Finance

Treasury

Corporate Secretarial

Compliance

Brand Management

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Corporate Lawyer

Finance Director

Chief Financial Officer

Chief Legal Officer

Trademark Attorney

Security Trustee

Collateral Manager

Intellectual Property Manager

Brand Protection Manager

Corporate Secretary

Compliance Officer

General Counsel

Find the exact document you need

Simple Security Agreement

An Indian law-governed agreement creating security interests over assets in favor of a lender/security holder, establishing terms for security creation, maintenance, and enforcement.

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Let's create your Trademark Security Agreement

Authors

Alex Denne

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