Trademark Use Agreement Template for Netherlands

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Key Requirements PROMPT example:

Trademark Use Agreement

"I need a Trademark Use Agreement for my retail fashion brand, granting exclusive rights to a franchisee to use our trademarks in Belgium and Luxembourg starting March 2025, with strict quality control provisions and quarterly royalty payments based on gross sales."

Document background
The Trademark Use Agreement is a critical legal instrument used when a trademark owner wishes to grant another party the right to use their trademark(s) while maintaining control over their intellectual property. This document is essential in the Dutch legal context, where it must comply with both national civil law and broader European Union trademark regulations. The agreement is commonly used in commercial relationships such as franchising, manufacturing partnerships, or brand licensing arrangements. It typically includes comprehensive provisions covering usage rights, quality control measures, territorial restrictions, and payment terms. The document must specifically address requirements under the Benelux Convention on Intellectual Property and EU trademark law, while ensuring compliance with Dutch contract law principles. This agreement is particularly important for businesses expanding their brand presence through licensed partnerships while maintaining control over their trademark rights and brand integrity.
Suggested Sections

1. Parties: Identification and details of the trademark owner (licensor) and the party granted usage rights (licensee)

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

3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific trademark-related terminology

4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), territorial scope, and field of use

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

6. Trademark Usage Requirements: Specific guidelines for how the trademark must be used, including format, placement, and quality standards

7. Quality Control: Requirements for maintaining quality standards and licensor's right to inspect and approve trademark usage

8. Fees and Payment Terms: Financial terms including licensing fees, royalties, payment schedule, and reporting requirements

9. Representations and Warranties: Statements of fact and guarantees from both parties regarding trademark ownership, rights to license, and usage

10. Protection and Enforcement: Obligations regarding trademark protection, infringement notification, and enforcement actions

11. Confidentiality: Provisions for protecting confidential information exchanged during the agreement

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard contractual provisions including assignment, severability, and entire agreement clauses

Optional Sections

1. Sublicensing Rights: Include when licensee may need to grant sublicenses to affiliates or third parties

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

3. E-commerce Usage: Include when trademark will be used in online commerce or digital platforms

4. Corporate Social Responsibility: Include when trademark usage needs to align with specific ethical or sustainability standards

5. Anti-Counterfeiting Measures: Include when specific measures for preventing counterfeit products need to be detailed

6. Territory-Specific Requirements: Include when usage spans multiple jurisdictions with specific local requirements

7. Change of Control: Include when agreement needs to address consequences of ownership changes

8. Force Majeure: Include when specific events beyond parties' control need to be addressed

Suggested Schedules

1. Schedule A - Licensed Trademarks: Detailed list of all licensed trademarks, including registration numbers and jurisdictions

2. Schedule B - Trademark Usage Guidelines: Comprehensive visual and technical guidelines for trademark usage

3. Schedule C - Quality Control Standards: Specific quality control requirements and inspection procedures

4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

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

6. Appendix 1 - Trademark Specimens: Visual examples of approved trademark usage

7. Appendix 2 - Reporting Templates: Standard forms for usage reporting and royalty calculations

8. Appendix 3 - Approval Process: Detailed procedures for obtaining approval for new trademark uses

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Manufacturing

Consumer Goods

Fashion and Luxury

Technology

Food and Beverage

Pharmaceuticals

Entertainment

Sports and Recreation

Automotive

E-commerce

Franchising

Professional Services

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Licensing

Marketing

Business Development

Compliance

Corporate Affairs

International Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Licensing Director

Commercial Director

Contract Manager

Compliance Officer

Chief Legal Officer

Business Development Manager

Franchise Manager

Marketing Director

Chief Executive Officer

General Counsel

Trademark Attorney

Head of Intellectual Property

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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