The Use Of Name Agreement serves as a crucial legal instrument in Malaysian business operations where one party wishes to grant another the right to use their name, trademark, or business identity. This document is particularly relevant in scenarios involving business expansions, franchising operations, corporate restructuring, or strategic partnerships. It ensures compliance with Malaysian legislation, including the Trademarks Act 2019 and the Registration of Businesses Act 1956, while protecting the interests of both the name owner and user. The agreement typically includes detailed provisions on permitted usage, quality control measures, territorial restrictions, and termination rights, making it essential for businesses seeking to leverage existing brand value or establish new business relationships in Malaysia.

1. Parties: Identification of all parties to the agreement, including full legal names and registration details

2. Background: Context of the agreement, including ownership of the name and purpose of the arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Name', 'Territory', and 'Permitted Use'

4. Grant of Rights: Specific rights granted regarding the use of the name, including scope and limitations

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Restrictions on Use: Specific limitations and prohibited uses of the name

7. Quality Control: Standards and requirements for maintaining the quality and reputation associated with the name

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their rights and authority

9. Indemnification: Obligations to protect against and compensate for losses arising from name use

10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

11. General Provisions: Standard contractual provisions including notices, amendments, and severability