Trademark License Template for Austria

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Key Requirements PROMPT example:

Trademark License

"I need a Trademark License Agreement under Austrian law for licensing my premium chocolate brand to a manufacturer in Vienna, with exclusive rights for Austria and Germany, starting March 2025, including strict quality control provisions and quarterly royalty payments."

Document background
A Trademark License Agreement is essential 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, governed by Austrian law, establishes the framework for lawful trademark usage, including quality standards, territorial restrictions, and commercial terms. It's particularly important in franchising, manufacturing, and brand expansion scenarios. The agreement must comply with Austrian Trademark Protection Act (Markenschutzgesetz), relevant EU regulations, and international trademark conventions. It typically includes detailed provisions for quality control, royalty calculations, and trademark usage guidelines to protect the licensor's intellectual property rights while enabling the licensee to effectively commercialize the licensed marks.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement, ownership of the trademark, and purpose of the license

3. Definitions: Key terms used throughout the agreement including 'Licensed Mark', 'Territory', 'Licensed Products', 'Net Sales'

4. Grant of License: Scope of the license, including territory, permitted uses, and any restrictions

5. License Fees and Payment Terms: Financial terms including royalties, payment schedule, reporting requirements, and audit rights

6. Quality Control: Standards for use of the trademark, approval processes, and quality maintenance requirements

7. Protection of the Licensed Mark: Obligations regarding trademark protection, registration, and maintenance

8. Representations and Warranties: Statements about trademark ownership, right to license, and validity

9. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

10. Post-Termination Obligations: Requirements after agreement ends, including cease of use and return of materials

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

12. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

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

2. Exclusivity Provisions: Include for exclusive licenses, detailing territorial or product-specific exclusivity

3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

4. Manufacturing Standards: Include when the license covers manufacturing of products bearing the trademark

5. Export Control: Include when licensed products may be subject to export regulations

6. Competition Law Compliance: Include when the license contains territorial restrictions or other competition-sensitive provisions

7. Third Party Infringement: Include detailed procedures for handling third party infringement when the licensee has enforcement rights

8. Change of Control: Include when transfer of license rights in corporate transactions needs to be addressed

Suggested Schedules

1. Schedule 1 - Licensed Marks: Detailed description and representations of the licensed trademarks, including registration numbers

2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered by the license

3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications

4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

5. Schedule 5 - Approved Form of Trademark Usage: Guidelines and examples of approved trademark usage

6. Schedule 6 - Territory: Detailed description of geographic territories covered by the license

7. Appendix A - Trademark Registrations: Copies of trademark registration certificates

8. Appendix B - Quality Control Procedures: Detailed procedures for quality control and approval processes

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

Consumer Goods

Fashion and Apparel

Technology

Food and Beverage

Pharmaceuticals

Automotive

Entertainment

Sports and Recreation

Luxury Goods

Manufacturing

Software and Technology

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Licensing

Business Development

Marketing

Quality Assurance

Compliance

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Contract Manager

Chief Commercial Officer

Marketing Director

Quality Assurance Manager

Compliance Officer

Operations Manager

Industries
Austrian Trademark Protection Act (Markenschutzgesetz): The primary Austrian legislation governing trademark protection, registration, and licensing. It defines what can be protected as a trademark and regulates trademark rights.
Austrian Civil Code (ABGB): Contains general contract law provisions that apply to license agreements, including formation of contracts, good faith requirements, and general obligations of contracting parties.
Austrian Federal Law against Unfair Competition (UWG): Regulates unfair competition practices and may affect certain aspects of trademark licensing, particularly regarding market behavior and restrictions.
EU Trademark Regulation (2017/1001): European Union regulation directly applicable in Austria, governing EU trademarks and their licensing, which may be relevant if the trademark has EU-wide protection.
Paris Convention for the Protection of Industrial Property: International treaty setting basic standards for industrial property protection, including trademarks, which Austria has ratified.
Madrid Agreement and Protocol: International system for trademark registration which Austria is part of, relevant if the trademark has international registration.
Austrian Commercial Code (UGB): Contains specific provisions relevant to commercial contracts and business relationships, which may apply to trademark licensing between businesses.
Austrian Cartel Act (Kartellgesetz): May be relevant for licensing agreements that could affect market competition or contain territorial restrictions.
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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