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Trademark Use Agreement
"I need a Trademark Use Agreement for my food manufacturing company to license our registered trademark to a distributor in New Zealand's South Island for a 3-year term starting January 2025, with non-exclusive rights and quarterly royalty payments."
1. Parties: Identification of the trademark owner (licensor) and the party being granted use rights (licensee), including full legal names and addresses
2. Background: Context of the agreement, including details of trademark ownership, registration numbers, and the business purpose for the trademark use
3. Definitions: Key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', 'Licensed Products/Services', and 'Quality Standards'
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), territory, and permitted uses
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination
6. Quality Control: Standards for trademark use, approval processes, and quality maintenance requirements
7. Usage Guidelines: Specific requirements for how the trademark must be displayed, used, and attributed
8. Fees and Royalties: Payment terms, including license fees, royalties, and payment schedules
9. Protection of Rights: Obligations regarding trademark protection, infringement reporting, and enforcement
10. Representations and Warranties: Standard warranties about trademark ownership, right to license, and non-infringement
11. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and entire agreement
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 apply
3. Territory-Specific Requirements: Include when use spans multiple jurisdictions with different requirements
4. Online Usage: Include when trademark will be used in digital contexts, including social media and websites
5. Corporate Social Responsibility: Include when brand reputation requires specific ethical or sustainable practices
6. Assignment and Change of Control: Include when transfer rights are important or when dealing with large corporations
7. Audit Rights: Include when regular verification of usage and royalty calculations is required
1. Schedule 1 - Licensed Marks: Detailed list of all trademarks covered by the agreement, including registration numbers and classes
2. Schedule 2 - Approved Products/Services: Comprehensive list of products or services for which the trademark may be used
3. Schedule 3 - Brand Guidelines: Detailed specifications for trademark usage, including size, color, positioning requirements
4. Schedule 4 - Quality Standards: Specific quality control requirements and processes
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Appendix A - Approval Process: Step-by-step process for obtaining approval for new uses of the trademark
Authors
Approved Products
Approved Services
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure Event
Gross Sales
Initial Term
Intellectual Property Rights
License
Licensed Marks
Licensed Products
Licensed Services
Licensed Territory
Licensee
Licensor
Net Sales
Notice
Quality Standards
Renewal Term
Royalties
Subsidiary
Term
Territory
Third Party
Trademark Register
Trade Marks
Use
Working Day
Territory and Exclusivity
Term and Renewal
Quality Control
Trademark Usage
Royalties and Payments
Audit Rights
Representations and Warranties
Confidentiality
Intellectual Property Protection
Infringement
Indemnification
Insurance
Assignment
Sub-licensing
Termination
Post-Termination Obligations
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Waiver
Relationship of Parties
Costs and Expenses
Further Assurance
Retail
Manufacturing
Technology
Food and Beverage
Fashion and Apparel
Consumer Goods
Professional Services
Entertainment
Sports and Recreation
Education
Healthcare
Media and Publishing
Legal
Intellectual Property
Brand Management
Commercial
Licensing
Business Development
Compliance
Marketing
Executive Leadership
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Legal Officer
Trademark Attorney
Compliance Officer
Contract Manager
Marketing Director
CEO
General Manager
Franchise Manager
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