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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."
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
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
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
Affiliate
Approved Products
Approved Services
Authorized Territory
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure Event
General Terms and Conditions
Goodwill
Gross Sales
Group Company
Intellectual Property Rights
License
Licensed Marks
Licensed Products
Licensed Services
Licensed Territory
Licensee
Licensor
Net Sales
Party/Parties
Quality Standards
Registered Trademark
Royalties
Subsidiary
Term
Trademark Usage Guidelines
Trademarks
Unregistered Trademark
Use/Using
Working Day
Grant of License
Scope of Rights
Territory
Exclusivity
Term and Duration
Renewal
Termination
Payment and Royalties
Quality Control
Compliance
Trademark Usage
Protection of Rights
Registration
Infringement
Enforcement
Representations and Warranties
Indemnification
Confidentiality
Non-Competition
Assignment
Sublicensing
Audit Rights
Record Keeping
Reporting
Marketing and Promotion
Regulatory Compliance
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Severability
Entire Agreement
Waiver
Third Party Rights
Further Assurance
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
Legal
Intellectual Property
Brand Management
Commercial
Licensing
Marketing
Business Development
Compliance
Corporate Affairs
International Operations
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
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