Trademark Use Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Trademark Use Agreement serves as a crucial legal instrument for businesses seeking to monetize their intellectual property or expand their brand presence through controlled licensing arrangements. This document, governed by Austrian law and EU regulations, is essential when a trademark owner wishes to grant another party the right to use their registered trademark(s) while maintaining control over their intellectual property. The agreement comprehensively addresses all aspects of the licensing relationship, including usage rights, quality standards, financial terms, and compliance requirements. It's particularly important in commercial contexts where brand integrity must be maintained while allowing for business growth through partnerships. The document incorporates provisions from the Austrian Trademark Protection Act (Markenschutzgesetz) and related legislation, ensuring robust protection for both parties while facilitating commercial objectives.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Entertainment

Sports

Manufacturing

Pharmaceuticals

Automotive

Media and Publishing

Franchising

Merchandising

E-commerce

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Marketing

Business Development

Compliance

Finance

Product Development

Sales

Relevant Roles

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

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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