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Trademark Concurrent Use Agreement
"I need a Trademark Concurrent Use Agreement for two retail clothing companies operating in India, where my company will use the trademark 'STARLIGHT' in Northern India while allowing the other party to use it in Southern India, with the agreement to take effect from March 1, 2025."
1. Parties: Identification of all parties entering into the agreement, including their legal status and registered addresses
2. Background: Context of the trademark dispute or situation leading to the concurrent use agreement, including details of existing trademark registrations or applications
3. Definitions: Definitions of key terms used throughout the agreement, including the specific trademarks, territories, and products/services covered
4. Grant of Rights: Specific rights granted to each party regarding trademark use, including territorial and product/service limitations
5. Territorial Boundaries: Detailed specification of geographic areas where each party may use their respective trademarks
6. Quality Control: Standards and specifications for maintaining product/service quality to prevent consumer confusion
7. Infringement Actions: Procedures for dealing with third-party infringement and cooperation between parties
8. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
9. Dispute Resolution: Procedures for resolving disputes between parties, including jurisdiction and governing law
10. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Royalty Payments: Terms of any financial compensation between parties, used when monetary consideration is part of the agreement
2. Cross-Border Commerce: Provisions for online sales and cross-border trade, needed when parties operate in e-commerce
3. Marketing Coordination: Procedures for coordinating marketing efforts to minimize confusion, relevant for closely related markets
4. Future Trademark Applications: Rules regarding new trademark applications by either party, important for expanding businesses
5. Assignment and Sublicensing: Terms for transferring rights or granting sublicenses, needed when such flexibility is required
6. Trade Dress Provisions: Specifications regarding product appearance and packaging, relevant when similar products are sold
7. Customs Recordation: Provisions for recording the agreement with customs authorities, needed for international trade
1. Schedule A - Trademark Specifications: Detailed descriptions and representations of each party's trademarks, including registration numbers
2. Schedule B - Territory Maps: Detailed maps or descriptions of the geographic territories assigned to each party
3. Schedule C - Approved Products/Services: Comprehensive list of products or services covered under the agreement for each party
4. Schedule D - Quality Standards: Detailed quality control specifications and requirements for products/services
5. Schedule E - Trademark Usage Guidelines: Specific rules and examples for how each party may use their trademarks
6. Appendix 1 - Contact Information: List of key contacts for each party for various purposes (legal notices, quality control, etc.)
7. Appendix 2 - Compliance Requirements: Specific regulatory or industry requirements applicable to trademark use in different territories
Authors
Affiliate
Authorized Users
Business Day
Commencement Date
Concurrent Use Period
Confidential Information
Control
Defined Territory
Effective Date
Force Majeure Event
Governing Law
Intellectual Property Rights
Licensed Products
Licensed Services
Licensed Trademark
Mark
Net Sales
Notification
Party/Parties
Permitted Use
Products
Quality Standards
Registered Trademark
Related Entity
Services
Specified Channels of Trade
Term
Territory A
Territory B
Trade Channels
Trade Dress
Trademark Applications
Trademark Registrations
Trademarks
Use
Working Day
Interpretation
Grant of Rights
Territorial Restrictions
Scope of Use
Quality Control
Coexistence Obligations
Non-Competition
Registration Rights
Infringement Protection
Term and Duration
Termination
Confidentiality
Representations and Warranties
Indemnification
Assignment
Force Majeure
Dispute Resolution
Governing Law
Notices
Amendment and Modification
Entire Agreement
Severability
Waiver
Costs and Expenses
Further Assurance
Retail
Manufacturing
Consumer Goods
Technology
Pharmaceuticals
Food and Beverage
Fashion and Apparel
Automotive
Electronics
Healthcare
Hospitality
E-commerce
Financial Services
Media and Entertainment
Legal
Intellectual Property
Compliance
Marketing
Business Development
Corporate Affairs
Brand Management
Commercial Operations
International Trade
Risk Management
Intellectual Property Counsel
Trademark Attorney
Legal Director
Chief Legal Officer
Brand Manager
Licensing Manager
Commercial Director
Business Development Manager
Chief Executive Officer
Compliance Officer
Marketing Director
Regional Manager
In-House Counsel
Corporate Counsel
IP Portfolio Manager
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