The Trade Mark Agreement is a essential legal instrument used when a trademark owner wishes to grant another party the right to use their registered trademarks in Belgium and potentially other territories. This document is particularly important in the Belgian context as it must comply with the Benelux Convention on Intellectual Property, Belgian national law, and EU trademark regulations. The agreement typically includes detailed provisions on license scope, quality control, royalty payments, and enforcement mechanisms. It's commonly used in commercial licensing arrangements, franchise operations, merchandising deals, and international brand expansions. The document should be carefully drafted to ensure it meets both Belgian civil law requirements and specific trademark legislation requirements, while also considering EU-wide trademark protection mechanisms.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration details, and addresses
2. Background: Context of the agreement, ownership status of the trademarks, and purpose of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', and 'Net Sales'
4. Grant of Rights: Scope of the trademark license, including whether it is exclusive or non-exclusive, and any territorial restrictions
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate
6. Quality Control: Standards for use of the marks, approval processes for licensed products/services, and inspection rights
7. Usage Requirements: Specific requirements for how the trademarks must be used, including format, size, and placement specifications
8. Fees and Royalties: Financial terms including license fees, royalty rates, payment schedules, and audit rights
9. Protection and Enforcement: Obligations regarding trademark protection, handling of infringement, and cooperation in enforcement
10. Representations and Warranties: Standard warranties regarding ownership, validity of marks, and authority to enter agreement
11. Indemnification: Mutual indemnification obligations for third-party claims and breaches
12. Confidentiality: Provisions protecting confidential information exchanged during the relationship
13. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Co-branding Provisions: Include when the agreement involves use of trademarks alongside other brands
3. Merchandising Rights: Include when the license extends to merchandise or promotional items
4. Social Media Usage: Include specific provisions for trademark usage on social media platforms
5. Territory-Specific Requirements: Include when different requirements apply in different territories
6. Marketing and Promotion: Include specific requirements for marketing activities and promotional materials
7. First Right of Refusal: Include when granting priority rights for additional territories or products
8. Change of Control: Include specific provisions dealing with change in ownership of either party
1. Schedule 1 - Licensed Marks: Detailed list of all licensed trademarks, including registration numbers and status
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered by the license
3. Schedule 3 - Brand Guidelines: Detailed specifications for trademark usage, including color schemes, positioning, and size requirements
4. Schedule 4 - Quality Control Standards: Specific quality standards and specifications for licensed products or services
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties, including examples
6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining approval for new uses or products
7. Appendix A - Territory Definition: Detailed description or map of licensed territories
8. Appendix B - Approved Third-Party Manufacturers: List of approved manufacturers or suppliers, if applicable
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