The Simple Trademark License Agreement is essential for businesses seeking to grant or obtain rights to use registered trademarks in Malta and potentially across the EU. This document is particularly relevant when a trademark owner wishes to permit another party to use their mark while maintaining control over its usage and protecting their intellectual property rights. The agreement, governed by Maltese law, needs to comply with both the Maltese Trademarks Act and EU trademark regulations, making it suitable for both local and cross-border licensing arrangements. It typically includes provisions for quality control, payment terms, territorial restrictions, and termination rights, while being simpler and more straightforward than comprehensive trademark licensing agreements used for more complex international arrangements.
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1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses
2. Background: Context of the agreement, confirmation of trademark ownership, and general intent of the parties
3. Definitions: Definitions of key terms used throughout the agreement including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products'
4. Grant of License: Scope of the license granted, including whether it is exclusive or non-exclusive, and the specific permitted uses
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. License Fees and Payment Terms: Financial terms including royalties, payment schedule, and reporting requirements
7. Quality Control: Standards for use of the trademark and Licensor's right to inspect and approve usage
8. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement
9. Warranties and Representations: Basic warranties regarding trademark ownership and right to license
10. Indemnification: Mutual or one-way indemnification obligations
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Sublicensing Rights: Include when the Licensee is permitted to sublicense the trademark to third parties
2. Territory Restrictions: Detailed geographical limitations when the license is restricted to specific regions
3. Marketing and Promotion: Specific requirements for marketing and promoting products bearing the licensed marks
4. Minimum Sales Requirements: Performance criteria and minimum sales targets if applicable
5. Exit Rights: Special termination rights or first right of refusal in case of change of control
6. Insurance Requirements: Specific insurance obligations for the Licensee
7. Post-Termination Obligations: Detailed procedures for phase-out period and handling of remaining inventory
8. Alternative Dispute Resolution: Mediation or arbitration procedures if preferred over court litigation
1. Schedule A - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule B - Licensed Products: Comprehensive list of products or services covered by the license
3. Schedule C - Quality Control Standards: Detailed quality control requirements and specifications
4. Schedule D - Royalty Calculations: Detailed formulas and examples for calculating royalties
5. Schedule E - Approved Form of Trademark Notice: Specific format and placement requirements for trademark notices
6. Appendix 1 - Trademark Guidelines: Brand guidelines and specific requirements for trademark usage
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