The Trademark Use License Agreement is essential for businesses seeking to monetize their intellectual property or expand their brand presence through controlled third-party usage. This document type is particularly relevant in Switzerland, which offers robust intellectual property protection and a sophisticated legal framework for trademark licensing. The agreement should be used when a trademark owner wishes to grant another party the right to use their registered marks while maintaining control over their reputation and goodwill. It includes detailed provisions for quality control, payment terms, and usage restrictions, ensuring compliance with Swiss trademark law and commercial regulations. The document is crucial for both domestic and international licensing arrangements, as Switzerland's central European location and strong intellectual property regime make it a preferred jurisdiction for cross-border trademark licensing.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including trademark ownership and registration details
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. Term and Renewal: Duration of the license and conditions for renewal
6. Quality Control: Standards for trademark use and licensor's right to monitor and approve usage
7. Royalties and Payment Terms: Financial terms, payment schedule, and reporting requirements
8. Representations and Warranties: Parties' assertions regarding trademark ownership, authority to license, and other material facts
9. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions
10. Termination: Grounds for termination, notice requirements, and post-termination obligations
11. Confidentiality: Protection of confidential information exchanged during the license relationship
12. Governing Law and Jurisdiction: Swiss law application and jurisdiction for dispute resolution
13. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
3. Corporate Social Responsibility: Include when trademark use must comply with specific ethical or sustainability standards
4. Change of Control: Include when license rights are affected by ownership changes of either party
5. Export Control: Include for international licensing arrangements with export restrictions
6. Co-existence Provisions: Include when trademark use must co-exist with other similar marks
7. Insurance Requirements: Include when specific insurance coverage is required for trademark use
1. Schedule A - Licensed Trademarks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule B - Licensed Products/Services: Specific products or services covered by the license
3. Schedule C - Quality Standards: Detailed quality control requirements and specifications
4. Schedule D - Brand Guidelines: Visual and technical specifications for trademark usage
5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties
6. Schedule F - Approved Form of Trademark Notice: Required trademark notices and markings
7. Appendix 1 - Trademark Registrations: Copies of trademark registration certificates
8. Appendix 2 - Territory Map: Geographic boundaries of licensed territory if applicable
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