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Trademark Use Agreement
"I need a Trademark Use Agreement for licensing my software company's logo and brand name to a single distributor in Austria, with a 3-year term starting January 1, 2025, including quarterly royalty payments of 5% of net sales."
1. Parties: Identification of the trademark owner (licensor) and the party being granted usage rights (licensee), including full legal names and addresses
2. Background: Context of the agreement, including details about the trademark ownership and the purpose of the license arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including the licensed marks, territory, and field of use
4. Grant of License: Specific rights being granted, including whether the license is exclusive or non-exclusive, and the scope of permitted use
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate
6. Quality Control: Standards for trademark usage, inspection rights, and approval processes for branded materials
7. Usage Guidelines: Specific requirements for how the trademark must be used, including format, placement, and style specifications
8. Royalties and Payments: Financial terms, including license fees, royalty calculations, payment schedules, and reporting requirements
9. Representations and Warranties: Statements regarding trademark ownership, right to license, and other material facts
10. Protection of Rights: Obligations regarding trademark protection, including infringement reporting and enforcement
11. Confidentiality: Provisions for protecting confidential information shared during the agreement
12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Sublicensing Rights: Include when the licensee needs the right to grant sublicenses to third parties
2. Territory Restrictions: Include when the license is limited to specific geographic regions
3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
4. Insurance Requirements: Include when the licensee must maintain specific insurance coverage
5. Minimum Sales Requirements: Include when the license is contingent on achieving certain sales targets
6. Product Development: Include when the licensee will be developing new products using the trademark
7. Digital Usage Rights: Include when the trademark will be used in digital media or online platforms
8. Change of Control: Include when special provisions are needed for ownership changes of either party
1. Schedule A - Licensed Trademarks: Detailed list of all trademarks covered by the agreement, including registration numbers and jurisdictions
2. Schedule B - Brand Guidelines: Comprehensive brand guidelines including logo specifications, color schemes, and usage examples
3. Schedule C - Approved Products/Services: List of specific products or services for which the trademark may be used
4. Schedule D - Quality Standards: Detailed quality control requirements and specifications
5. Schedule E - Territory Definition: Detailed description of geographic territories where use is permitted
6. Schedule F - Royalty Calculations: Detailed methodology for calculating royalties and example calculations
7. Appendix 1 - Approval Process: Step-by-step process for obtaining approval for trademark usage
8. Appendix 2 - Reporting Templates: Standard templates for required periodic reports and royalty calculations
Authors
Territory
Term
Effective Date
Licensed Products
Licensed Services
Net Sales
Royalty Period
Quality Standards
Brand Guidelines
Approval Process
Confidential Information
Intellectual Property Rights
Affiliate
Field of Use
Gross Revenue
Licensed Materials
Marketing Materials
Third Party
Force Majeure
Business Day
Trademark Register
Permitted Use
Commercial Purpose
Brand Standards
Quality Control Procedures
Reporting Period
Subsidiary
Initial Term
Renewal Term
Exclusivity Period
Governing Law
Jurisdiction
Applicable Laws
EU Trademark Regulation
Austrian Trademark Act
Brand Manual
Digital Assets
Approved Channels
Payment Terms
Working Day
Grant of License
License Scope
Territory Restrictions
Exclusivity
Term and Duration
Termination
Quality Control
Royalty Payments
Audit Rights
Trademark Usage
Brand Guidelines
Approval Requirements
Confidentiality
Intellectual Property Protection
Representations and Warranties
Indemnification
Insurance
Assignment
Sublicensing
Record Keeping
Reporting Requirements
Dispute Resolution
Governing Law
Force Majeure
Notices
Amendment
Severability
Entire Agreement
Non-Competition
Compliance with Laws
Marketing and Promotion
Product Development
Quality Standards
Inspection Rights
Digital Usage Rights
Anti-Counterfeiting
Third-Party Rights
Change of Control
Survival
Retail
Consumer Goods
Fashion and Apparel
Technology
Food and Beverage
Entertainment
Sports
Manufacturing
Pharmaceuticals
Automotive
Media and Publishing
Franchising
Merchandising
E-commerce
Legal
Intellectual Property
Brand Management
Commercial
Marketing
Business Development
Compliance
Finance
Product Development
Sales
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Contract Manager
Chief Legal Officer
Trademark Attorney
General Counsel
Marketing Director
Chief Commercial Officer
Product Manager
Compliance Officer
IP Portfolio Manager
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