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Exclusive Trademark License Agreement

Exclusive Trademark License Agreement Template for Belgium

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Key Requirements PROMPT example:

Exclusive Trademark License Agreement

"I need an Exclusive Trademark License Agreement for a Belgian fashion retailer granting exclusive rights to use our luxury clothing brand trademarks in the Benelux countries, with strict quality control provisions and minimum annual sales requirements."

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Document background
The Exclusive Trademark License Agreement is a crucial document used when a trademark owner (licensor) wishes to grant another party (licensee) the exclusive right to use their trademark(s) in specified territories and for defined products or services. This agreement, governed by Belgian law and compliant with EU regulations, is particularly important in commercial relationships where brand control and quality maintenance are essential. The document covers comprehensive terms including exclusivity provisions, quality control measures, royalty structures, and enforcement mechanisms. It ensures compliance with the Benelux Convention on Intellectual Property and EU trademark laws while protecting both parties' interests. The agreement is typically used in situations requiring long-term brand collaboration, market expansion, or strategic business partnerships where exclusive trademark rights are a key component of the business relationship.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including trademark ownership details and parties' intentions

3. Definitions: Defined terms used throughout the agreement, including Territory, Licensed Marks, Licensed Products/Services, and Effective Date

4. Grant of License: Scope of the exclusive license, including territorial limitations and field of use restrictions

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

6. License Fees and Royalties: Financial terms, including upfront payments, running royalties, and payment terms

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

8. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions

9. Licensee Obligations: Key responsibilities of the Licensee in using and maintaining the trademark

10. Representations and Warranties: Parties' statements regarding trademark ownership, authority to contract, and non-infringement

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

12. Confidentiality: Protection of confidential information exchanged during the agreement

13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

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

Optional Sections

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

2. Minimum Performance Requirements: Include when setting specific sales targets or market penetration requirements

3. Marketing and Promotion: Include when specifying mandatory marketing activities or cooperative advertising

4. Anti-Competition Provisions: Include when additional competition restrictions are needed beyond exclusivity

5. Export Control: Include for international licensing arrangements subject to export regulations

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

7. Change of Control: Include when restrictions on corporate changes are needed

8. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration over court proceedings

Suggested Schedules

1. Schedule 1 - Licensed Trademarks: Detailed list of licensed trademarks including registration numbers and classes

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

3. Schedule 3 - Territory: Detailed definition of geographical territories covered by the license

4. Schedule 4 - Quality Standards: Specific quality control requirements and standards for trademark usage

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

6. Schedule 6 - Brand Guidelines: Technical specifications for trademark usage, including size, color, and placement

7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks

8. Appendix B - Approval Procedures: Detailed procedures for obtaining Licensor approval for trademark use

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Approved Products
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Event of Default
Exclusive Territory
Force Majeure
Governing Law
Gross Sales
Improvement
Initial Term
Intellectual Property Rights
Licensed Products
Licensed Services
Licensed Trademarks
License Fees
Net Sales
Quality Standards
Quarterly Periods
Renewal Term
Royalty Rate
Subsidiary
Term
Territory
Trademark Usage Guidelines
Working Day
Year
Marketing Materials
Minimum Performance Requirements
Quality Control Procedures
Reporting Period
Sales Report
Sublicense
Technical Specifications
Third Party
Trade Dress
Trademark Register
Trademark Rights
Valid Claim
Benelux Territory
EU Territory
Inspection Rights
Material Breach
Registration Costs
Regulatory Approval
Clauses
Definitions
Interpretation
Grant of Rights
Exclusivity
Territory
Term and Duration
License Fees
Royalty Payments
Quality Control
Trademark Usage
Registration and Maintenance
Enforcement Rights
Infringement Protection
Representations and Warranties
Confidentiality
Non-Competition
Assignment
Sublicensing
Inspection Rights
Record Keeping
Audit Rights
Marketing and Promotion
Performance Requirements
Regulatory Compliance
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination Obligations
Governing Law
Dispute Resolution
Notices
Amendment
Severability
Entire Agreement
Further Assurance
Counterparts
Third Party Rights
Anti-Corruption
Data Protection
Export Control
Relevant Industries

Consumer Goods

Retail

Fashion and Luxury

Food and Beverage

Technology

Pharmaceuticals

Manufacturing

Entertainment

Sports and Recreation

Automotive

Electronics

Cosmetics and Personal Care

Telecommunications

Software and Digital Services

Franchising

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Quality Assurance

Product Development

Corporate Affairs

Licensing

Compliance

Finance

International Trade

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Chief Executive Officer

Licensing Manager

Business Development Manager

Trademark Attorney

General Counsel

Chief Legal Officer

Contract Manager

Chief Commercial Officer

IP Portfolio Manager

Marketing Director

Quality Assurance Manager

Industries
Benelux Convention on Intellectual Property: Primary legislation governing trademarks in Belgium, the Netherlands and Luxembourg, establishing rules for trademark registration, protection, and licensing
EU Trademark Regulation (Regulation (EU) 2017/1001): European Union regulation on EU trademarks, relevant for EU-wide trademark protection and licensing
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Provides the general framework for contract law in Belgium, including formation, validity, and enforcement of contracts
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Contains provisions on fair trade practices, market practices, and competition law relevant to commercial agreements
EU Competition Law (Articles 101 and 102 TFEU): European Union competition rules affecting exclusive licensing agreements, particularly regarding market restrictions and dominant positions
Paris Convention for the Protection of Industrial Property: International treaty setting standards for intellectual property protection, including trademarks
Madrid Agreement and Protocol: International system for trademark registration and protection, relevant for international aspects of trademark licensing
Belgian Tax Code (Code des impôts sur les revenus/Wetboek van de inkomstenbelastingen): Relevant for tax implications of trademark licensing and royalty payments
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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