The Trademark Registered Logo agreement is essential for businesses seeking to protect and regulate the use of their registered logo trademarks in Austria. This document is particularly crucial when a trademark owner needs to grant specific usage rights while maintaining control over their intellectual property. It combines requirements from the Austrian Trademark Protection Act with EU trademark regulations, making it suitable for both domestic and European business operations. The agreement should be used whenever a registered logo trademark is being licensed, ensuring proper protection and compliance with Austrian and EU intellectual property laws. It includes detailed specifications for usage, quality control measures, and enforcement mechanisms, while addressing specific Austrian legal requirements for trademark protection.
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1. Parties: Identification of the trademark owner (Licensor) and the party receiving usage rights (Licensee)
2. Background: Context of the agreement, including trademark registration details and purpose of the license
3. Definitions: Key terms used throughout the agreement, including 'Licensed Mark', 'Territory', 'Term', and 'Permitted Use'
4. Grant of License: Specific rights being granted, including scope, territory, and nature of use (exclusive/non-exclusive)
5. Usage Guidelines: Specific requirements for how the logo must be used, including size, colors, positioning, and prohibited modifications
6. Quality Control: Standards that must be maintained and Licensor's right to inspect and approve usage
7. Protection of Rights: Obligations regarding trademark protection, including reporting infringement and cooperation in enforcement
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Fees and Royalties: Payment terms, including any ongoing royalties or one-time fees
10. Warranties and Representations: Guarantees regarding trademark ownership and right to license
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Sublicensing Rights: Include when the Licensee may need to grant sublicenses to affiliates or third parties
2. International Usage: Include when the logo will be used in multiple jurisdictions, addressing specific country requirements
3. Digital Usage: Include specific provisions for digital and social media usage of the logo
4. Co-Branding: Include when the logo will be used alongside other brands or trademarks
5. Modification Rights: Include if the Licensee is permitted to make any modifications to the logo
6. Marketing and Promotion: Include specific terms for marketing and promotional usage
7. Insurance Requirements: Include when specific insurance coverage is required for logo usage
1. Schedule A - Trademark Details: Registration numbers, dates, and jurisdictions of trademark registration
2. Schedule B - Logo Specifications: Technical specifications of the logo including color codes, dimensions, and clear space requirements
3. Schedule C - Approved Usage Examples: Visual examples of permitted logo usage and positioning
4. Schedule D - Fee Schedule: Detailed breakdown of all applicable fees and payment terms
5. Schedule E - Quality Control Procedures: Specific procedures for quality control and approval processes
6. Appendix 1 - Style Guide: Comprehensive brand guidelines for logo usage
7. Appendix 2 - Territory Map: Visual representation of licensed territories if geographically limited
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