Trademark Use License Template for Austria

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Key Requirements PROMPT example:

Trademark Use License

"I need a Trademark Use License agreement for my food manufacturing company to license our registered trademark to a distributor in Austria for a 3-year term starting January 2025, with quality control provisions and quarterly royalty payments based on net sales."

Document background
The Trademark Use License agreement is essential for businesses seeking to legally and formally authorize third parties to use their registered trademarks. This document, governed by Austrian law and EU regulations, is particularly crucial in commercial relationships where brand protection and controlled usage are paramount. The agreement should be used when a trademark owner wishes to grant another party the right to use their trademark while maintaining control over its application and protecting its value. It covers critical elements including usage rights, territorial limitations, quality standards, royalty structures, and compliance requirements. The document ensures compliance with the Austrian Trademark Protection Act (Markenschutzgesetz) while providing comprehensive protection for both parties' interests.
Suggested Sections

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

2. Background: Context of the agreement, description of the trademark(s), and ownership confirmation

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license, territory, and nature of rights granted (exclusive/non-exclusive)

5. Term and Renewal: Duration of the license agreement and conditions for renewal

6. License Fees and Payment Terms: Financial terms including royalties, payment schedule, and calculation methods

7. Quality Control: Standards for trademark usage and Licensor's right to inspect and approve use

8. Usage Guidelines: Specific requirements for how the trademark must be used and displayed

9. Protection of the Trademark: Obligations regarding trademark protection and handling infringement

10. Representations and Warranties: Statements about trademark ownership, right to license, and other assurances

11. Termination: Grounds for termination and post-termination obligations

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

Optional Sections

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

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

3. Export Controls: Include for international licensing arrangements with export considerations

4. Anti-Corruption Compliance: Include for international licenses or when dealing with government entities

5. Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

6. Insurance Requirements: Include when specific insurance coverage is required for trademark usage

Suggested Schedules

1. Schedule A - Licensed Trademarks: Detailed list and images of all licensed trademarks, including registration numbers

2. Schedule B - Territory: Detailed description of geographic territories where license is valid

3. Schedule C - Approved Products/Services: Specific products or services for which the trademark may be used

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

5. Schedule E - Style Guide: Visual guidelines for trademark usage including size, colors, and positioning

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

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

Clauses
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Entertainment

Sports

Technology

Manufacturing

Franchising

Merchandising

Media and Publishing

Automotive

Pharmaceuticals

Luxury Goods

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Licensing

Business Development

Marketing

Compliance

Finance

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Contract Manager

Chief Executive Officer

Chief Commercial Officer

Marketing Director

Compliance Officer

General Counsel

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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