The Trademark Business Name And Logo agreement is essential for businesses operating in Austria seeking to protect and manage their intellectual property rights. This document is particularly crucial when a trademark owner wishes to grant another party the right to use their trademark, business name, and logo under specific conditions. It ensures compliance with Austrian trademark law (Markenschutzgesetz) and relevant EU regulations while providing a clear framework for brand usage and protection. The agreement is commonly used in franchising arrangements, business expansions, brand licensing, and corporate restructuring scenarios. It includes detailed provisions for quality control, territory restrictions, and enforcement mechanisms to maintain brand integrity and legal protection. This document becomes especially important in the context of Austrian business practices, where trademark protection and brand management are subject to strict regulatory oversight.
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1. Parties: Identification of the trademark owner/licensor and the licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including ownership of the trademark, business name and logo, and the purpose of the agreement
3. Definitions: Detailed definitions of key terms including 'Trademark', 'Business Name', 'Logo', 'Licensed Products', 'Territory', and other relevant terms
4. Grant of Rights: Specific rights being granted, including scope of use, territory, and any restrictions
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Usage Requirements: Specifications for how the trademark, business name and logo may be used, including quality standards and brand guidelines
7. Quality Control: Requirements for maintaining quality standards and procedures for approval of usage
8. Fees and Royalties: Payment terms, including any licensing fees, royalties, and payment schedules
9. Protection and Enforcement: Obligations regarding trademark protection, handling infringement, and cooperation in enforcement
10. Representations and Warranties: Statements regarding ownership, right to license, and quality of the trademark
11. Indemnification: Provisions for mutual indemnification and liability allocation
12. Confidentiality: Obligations regarding confidential information shared during the agreement
13. General Provisions: Standard legal provisions including notices, assignment, governing law, and dispute resolution
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Merchandising Rights: Include when the agreement covers merchandise production and sales
3. Online Usage: Include specific provisions for digital and social media usage of the trademark
4. Territory-Specific Requirements: Include when usage spans multiple jurisdictions with specific requirements
5. Marketing and Promotion: Include detailed marketing requirements and restrictions
6. Competition Restrictions: Include non-compete clauses and territorial exclusivity provisions
7. Change of Control: Include provisions dealing with change in ownership or control of either party
8. Insurance Requirements: Include when specific insurance coverage is required for trademark usage
1. Schedule A - Trademark Specifications: Detailed specifications of the trademark, business name, and logo, including registration numbers and visual representations
2. Schedule B - Usage Guidelines: Brand guidelines, including color specifications, size requirements, and positioning rules
3. Schedule C - Territory Definition: Detailed description of geographical areas where usage is permitted
4. Schedule D - Approved Products/Services: List of products or services for which the trademark usage is approved
5. Schedule E - Quality Control Procedures: Detailed procedures for quality control and approval processes
6. Schedule F - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
7. Appendix 1 - Trademark Registrations: Copies of trademark registration certificates and related documentation
8. Appendix 2 - Approval Forms: Standard forms for seeking approval for new uses or products
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