The Trademark Registered Logo agreement is essential for businesses seeking to protect and control the use of their registered logos under German law. This document should be used when a company needs to formally license or regulate the use of their trademarked logo to third parties, subsidiaries, or partners. It incorporates critical elements required by the German Trademark Act (MarkenG) and EU trademark regulations, including specific provisions for quality control, usage guidelines, and enforcement mechanisms. The agreement is particularly important in maintaining brand consistency and legal protection across different markets and applications, while ensuring compliance with German and EU trademark legislation. The document typically includes comprehensive technical specifications, approved usage scenarios, and quality control procedures.
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1. Parties: Identification of the trademark owner (licensor) and the party receiving usage rights (licensee)
2. Background: Context of the agreement, including details of the registered trademark/logo and its registration number
3. Definitions: Key terms including 'Logo', 'Trademark', 'Territory', 'Licensed Products', 'Quality Standards'
4. Grant of Rights: Scope of the license granted for logo usage, including territory and permitted uses
5. Quality Control: Standards for logo usage and quality control requirements
6. Usage Guidelines: Specific requirements for logo display, sizing, colors, and placement
7. Protection of Rights: Obligations regarding trademark protection and infringement reporting
8. Representations and Warranties: Assertions about trademark ownership and right to license
9. Term and Termination: Duration of the agreement and conditions for termination
10. Post-Termination Obligations: Requirements after agreement ends, including cessation of use
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Royalties: Financial terms if the logo usage is subject to payment - include when license is not royalty-free
2. Sub-licensing Rights: Terms for allowing licensee to sub-license the logo - include when sub-licensing is permitted
3. Marketing and Promotion: Specific terms for marketing usage - include for commercial licensing
4. Export Control: Regulations for international usage - include when territory extends beyond Germany/EU
5. Insurance: Insurance requirements - include for high-risk or large-scale commercial usage
6. Audit Rights: Right to audit usage compliance - include for commercial licenses
1. Schedule 1: Logo Specifications: Detailed technical specifications of the logo including dimensions, colors, and variations
2. Schedule 2: Brand Guidelines: Comprehensive brand usage guidelines and requirements
3. Schedule 3: Territory Definition: Detailed description of geographical areas where usage is permitted
4. Schedule 4: Trademark Registration Details: Copy of trademark registration certificates and details
5. Schedule 5: Approved Uses: List of specifically approved uses and applications of the logo
6. Appendix A: Quality Control Procedures: Detailed procedures for quality control and approval processes
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