Trademark License Agreement for Belgium

Trademark License Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions under which a trademark owner (Licensor) grants another party (Licensee) the right to use their registered trademark(s). The agreement complies with Belgian and EU trademark legislation, including the Benelux Convention on Intellectual Property, and addresses key aspects such as license scope, quality control, royalty payments, and usage restrictions. It incorporates specific requirements of Belgian contract law while ensuring compliance with EU competition regulations and includes provisions for trademark protection and enforcement within the Benelux region.

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What is a Trademark License Agreement?

The Trademark License Agreement is essential for businesses seeking to monetize their intellectual property or expand their brand presence through controlled licensing arrangements. This document, governed by Belgian law and compliant with Benelux and EU regulations, is particularly crucial in the Benelux region where trademarks are registered through the Benelux Office for Intellectual Property (BOIP). It provides a comprehensive framework for trademark licensing, including detailed provisions on usage rights, quality control measures, financial terms, and compliance requirements. The agreement is especially relevant for cross-border transactions within the EU, incorporating necessary safeguards for trademark protection while ensuring compliance with competition law. It's commonly used in various commercial scenarios, from brand expansions to merchandising deals, and includes specific provisions required under Belgian contract law and EU trademark regulations.

What sections should be included in a Trademark License Agreement?

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

2. Background: Context of the agreement, including details of trademark ownership and business relationship

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

4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses

5. Term and Termination: Duration of the agreement and circumstances for termination

6. License Fees and Royalties: Financial terms including payment amounts, calculation methods, and payment schedule

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

8. Protection of the Trademark: Obligations regarding trademark protection, infringement, and enforcement

9. Licensee Obligations: Specific duties of the Licensee in using and protecting the trademark

10. Representations and Warranties: Statements of fact and promises by both parties

11. Indemnification: Obligations to protect against losses and liability

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

13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

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

What sections are optional to include in a Trademark License Agreement?

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

2. Minimum Performance Requirements: Include when Licensee must meet specific sales or performance targets

3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

4. Right of First Refusal: Include when Licensee has priority rights for additional territories or products

5. Change of Control: Include when agreement terms may be affected by ownership changes

6. Export Control: Include for international licensing arrangements

7. Insurance Requirements: Include when specific insurance coverage is required

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

What schedules should be included in a Trademark License Agreement?

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

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

3. Schedule C - Territory: Detailed definition of geographic territories where license applies

4. Schedule D - Quality Standards: Specific quality control requirements and guidelines

5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties

6. Schedule F - Trademark Usage Guidelines: Specific rules and examples for proper trademark usage

7. Schedule G - Approved Forms of Trademark: Visual representations of approved trademark formats

8. Appendix 1 - Approval Procedures: Step-by-step processes for obtaining Licensor approval for trademark usage

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

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Consumer Goods

Retail

Fashion and Luxury

Food and Beverage

Technology

Manufacturing

Entertainment

Sports

Pharmaceuticals

Automotive

Franchising

Media and Publishing

Software and Technology

Professional Services

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Brand Management

Compliance

Corporate Affairs

Marketing

Finance

International Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Chief Legal Officer

Business Development Manager

Contract Manager

Trademark Attorney

Chief Executive Officer

Chief Commercial Officer

Intellectual Property Director

General Counsel

Head of Legal

Compliance Officer

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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