Exclusive Trademark License Template for Austria

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Key Requirements PROMPT example:

Exclusive Trademark License

"I need an Exclusive Trademark License Agreement for licensing our fashion brand trademarks to a distributor in Austria and Germany, with strict quality control provisions and a minimum annual royalty of €500,000, to commence on March 1, 2025."

Document background
The Exclusive Trademark License Agreement is essential for businesses seeking to monetize their trademark assets or expand their market presence through licensed partners in Austria and potentially other EU territories. This document type is particularly relevant when a trademark owner wishes to grant exclusive rights to a single licensee, preventing others (including the owner in many cases) from using the trademark within the specified territory or field. The agreement must comply with Austrian trademark law, including the Markenschutzgesetz, and relevant EU regulations. It typically includes detailed provisions on quality control, payment structures, and enforcement mechanisms, while ensuring compliance with competition laws. This document is commonly used in various commercial contexts, from brand expansions to international market entries, and requires careful consideration of both Austrian legal requirements and commercial objectives.
Suggested Sections

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

2. Background: Context of the agreement, including trademark ownership details and parties' intentions

3. Definitions: Defined terms used throughout the agreement, including Licensed Marks, Territory, and Field of Use

4. Grant of License: Explicit grant of exclusive license, scope, and territorial limitations

5. Exclusivity Terms: Specific terms of exclusivity, including any carve-outs or reservations

6. License Fee and Payment Terms: Financial terms, royalty rates, payment schedule, and reporting requirements

7. Quality Control: Standards for trademark usage and licensor's right to monitor and control quality

8. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions

9. Representations and Warranties: Parties' assertions regarding trademark ownership, validity, and authority to enter agreement

10. Term and Termination: Duration of agreement and grounds for termination

11. Post-Termination Obligations: Parties' obligations after agreement ends, including cessation of use and return of materials

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

13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction for dispute resolution

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties

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

3. Registration Rights: Include when licensee has rights to register the trademark in certain territories

4. Right of First Refusal: Include when licensee has priority rights for additional territories or products

5. Change of Control: Include when agreement needs to address ownership changes of either party

6. Export Control: Include when licensed products are subject to export regulations

7. Insurance: Include when specific insurance requirements are needed for trademark usage

8. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration over court proceedings

Suggested Schedules

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

2. Schedule 2 - Territory: Detailed definition of geographical territories covered by the license

3. Schedule 3 - Products and Services: Comprehensive list of products/services for which trademark usage is licensed

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

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

6. Appendix A - Trademark Usage Guidelines: Visual and technical guidelines for trademark usage

7. Appendix B - Approval Procedures: Procedures for obtaining licensor approval for trademark usage

8. Appendix C - 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

Relevant legal definitions
Clauses
Relevant Industries

Consumer Goods

Retail

Fashion and Luxury

Food and Beverage

Technology

Manufacturing

Entertainment

Sports

Pharmaceuticals

Automotive

Hospitality

Media and Publishing

Software and IT

Telecommunications

Electronics

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Compliance

Finance

International Operations

Product Development

Corporate Affairs

Licensing Operations

Relevant Roles

Chief Legal Officer

Head of Intellectual Property

Trademark Attorney

Legal Counsel

Licensing Manager

Commercial Director

Brand Manager

Chief Executive Officer

Business Development Director

Intellectual Property Manager

General Counsel

Contract Manager

Chief Commercial Officer

Marketing Director

Compliance Officer

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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