Use Of Name Agreement for Malta

Use Of Name Agreement Template for Malta

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Use Of Name Agreement

"I need a Use of Name Agreement for allowing a Maltese marketing agency to use my company's brand name in their promotional materials and social media campaigns for a one-year period starting January 2025."

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What is a Use Of Name Agreement?

The Use of Name Agreement is essential in commercial relationships where one party wishes to grant another the right to use their name, brand, or trademark in Malta and potentially other jurisdictions. This document becomes necessary in various scenarios including brand licensing, franchise arrangements, corporate restructuring, or business partnerships. The agreement, governed by Maltese law, must comply with local trademark legislation, commercial codes, and EU regulations. It typically includes detailed provisions on usage rights, quality control, territorial restrictions, and term conditions. The document is particularly important in Malta's growing commercial sector, where international business operations often require careful management of intellectual property rights and brand usage.

What sections should be included in a Use Of Name Agreement?

1. Parties: Identifies and provides details of the parties entering into the agreement

2. Background: Explains the context of the agreement and ownership of the name

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Rights: Specifies the exact rights being granted regarding the use of the name

5. Territory: Defines the geographical areas where the name may be used

6. Term and Termination: Specifies the duration of the agreement and conditions for termination

7. Usage Guidelines: Sets out how the name may and may not be used

8. Quality Control: Establishes standards and monitoring of name usage

9. Warranties and Representations: States the parties' assurances regarding their rights and capabilities

10. Indemnification: Outlines mutual protection against claims and losses

11. General Provisions: Standard contract clauses including governing law, notices, and amendments

What sections are optional to include in a Use Of Name Agreement?

1. Fees and Royalties: Include when there is a payment structure for using the name

2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

3. Sub-licensing Rights: Include when sub-licensing of the name is permitted

4. Social Media Usage: Include when the name will be used on social media platforms

5. International Usage: Include when the name will be used in multiple jurisdictions

6. Brand Guidelines: Include when detailed brand standards must be followed

7. Dispute Resolution: Include when specific dispute resolution mechanisms are required

8. Insurance Requirements: Include when specific insurance coverage is required for name usage

What schedules should be included in a Use Of Name Agreement?

1. Schedule 1 - The Name: Detailed description and specifications of the name being licensed

2. Schedule 2 - Approved Usage Examples: Examples and templates of how the name may be used

3. Schedule 3 - Territory Details: Specific details of geographical territories and any restrictions

4. Schedule 4 - Quality Control Standards: Detailed quality control requirements and procedures

5. Schedule 5 - Fee Schedule: Details of any fees, royalties, or payment terms if applicable

6. Appendix A - Brand Guidelines: Comprehensive brand guidelines and usage specifications

7. Appendix B - Approval Process: Step-by-step process for obtaining approval for name usage

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

Clauses
Relevant Industries

Retail

Hospitality

Financial Services

Technology

Entertainment

Professional Services

Manufacturing

Education

Healthcare

Media and Communications

Real Estate

Consumer Goods

Fashion and Apparel

Gaming and iGaming

Franchising

Relevant Teams

Legal

Marketing

Brand Management

Intellectual Property

Compliance

Business Development

Corporate Affairs

Commercial Operations

Licensing

Risk Management

Relevant Roles

Legal Counsel

Brand Manager

Intellectual Property Lawyer

Commercial Director

Licensing Manager

Compliance Officer

Marketing Director

Business Development Manager

Corporate Lawyer

Trademark Attorney

Chief Legal Officer

Chief Marketing Officer

Franchise Manager

Partnership Manager

Brand Protection Officer

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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