Trade Mark Licence Agreement for Switzerland

Trade Mark Licence Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss 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 is structured according to Swiss intellectual property law, particularly the Federal Act on the Protection of Trade Marks, and incorporates Swiss contract law principles. It details the scope of licensed rights, quality control requirements, financial terms, territorial restrictions, and compliance obligations, while providing robust protection mechanisms aligned with Switzerland's strong intellectual property regime.

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What is a Trade Mark Licence Agreement?

A Trade Mark Licence Agreement under Swiss law is essential for businesses seeking to monetize their trademark rights or expand their brand presence through controlled third-party usage. This agreement type is particularly relevant in Switzerland, known for its strong protection of intellectual property rights and precise legal framework. The document is commonly used when a trademark owner wishes to permit another entity to use their mark while maintaining control over their brand identity. It encompasses critical elements including quality control provisions, territorial restrictions, and financial terms, all structured within the framework of Swiss trademark law and the Federal Act on the Protection of Trade Marks. The agreement is particularly important in Switzerland's key industries such as luxury goods, pharmaceuticals, and precision manufacturing, where brand value and quality assurance are paramount.

What sections should be included in a Trade Mark Licence Agreement?

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.

4. Grant of License: Scope of the license, whether exclusive or non-exclusive, territory covered, and permitted uses

5. License Fees and Payment Terms: Financial terms including royalties, minimum payments, payment schedule, and reporting requirements

6. Quality Control: Standards for use of the trademark, approval processes for licensed products/services, and inspection rights

7. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement actions

8. Representations and Warranties: Parties' warranties, particularly regarding trademark ownership and validity

9. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

10. Post-Termination Obligations: Obligations after agreement ends, including cessation of use and disposal of remaining stock

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

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Trade Mark Licence Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

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

3. Competition Law Compliance: Include when license terms might raise competition law concerns

4. Corporate Social Responsibility: Include when brand values and ethical standards are particularly important

5. Export Control: Include when licensed products are subject to export regulations

6. Internet and Social Media Usage: Include when digital use of the trademark needs specific regulation

7. Product Liability and Insurance: Include when physical products are being manufactured under the license

What schedules should be included in a Trade Mark Licence Agreement?

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

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

3. Schedule 3 - Quality Standards: Detailed quality control specifications and procedures

4. Schedule 4 - Brand Guidelines: Visual guidelines for trademark usage including size, colors, and positioning

5. Schedule 5 - Territory: Detailed definition of geographic territories covered by the license

6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and examples

7. Appendix A - Approval Procedures: Step-by-step procedures for obtaining approval for new products or marketing materials

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

Switzerland

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Luxury Goods

Pharmaceuticals

Food and Beverages

Consumer Products

Fashion and Apparel

Technology and Software

Manufacturing

Retail

Franchising

Entertainment and Media

Cosmetics and Personal Care

Sports and Leisure

Automotive

Hospitality

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Compliance

Marketing

Business Development

Quality Assurance

Corporate Affairs

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Protection Officer

Licensing Director

Commercial Director

Chief Legal Officer

Brand Manager

Business Development Manager

Compliance Officer

Contract Manager

Quality Assurance Director

Chief Marketing Officer

Trademark Attorney

General Counsel

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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