Name Licensing Agreement for the Netherlands

Name Licensing Agreement Template for Netherlands

A Name Licensing Agreement under Dutch law is a legally binding contract that grants permission to use a specific name, trademark, or brand identity. This agreement, governed by Dutch civil and intellectual property law, establishes the terms and conditions under which the licensee may use the licensor's name, including usage restrictions, quality control requirements, and compensation terms. It incorporates provisions compliant with Dutch trademark legislation and the Benelux Convention on Intellectual Property, while also addressing EU-wide considerations where applicable.

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What is a Name Licensing Agreement?

The Name Licensing Agreement serves as a crucial legal instrument for businesses seeking to grant or obtain rights to use protected names, trademarks, or brand identities in the Netherlands and potentially broader territories. This document type is essential when a brand owner (licensor) wishes to permit another party (licensee) to use their name while maintaining control over its application and receiving compensation. The agreement must comply with Dutch civil law, the Benelux Convention on Intellectual Property, and relevant EU regulations. It typically includes detailed provisions on usage rights, quality control, financial terms, and termination conditions. This agreement is particularly relevant for franchising, brand expansion, merchandising, and co-branding initiatives where brand value protection is paramount.

What sections should be included in a Name Licensing Agreement?

1. Parties: Identification of the Licensor and Licensee, including full legal names, addresses, and registration details

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

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

4. Grant of License: Specific rights being granted, including scope, exclusivity/non-exclusivity, and territorial limitations

5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination

6. License Fees: Financial terms including licensing fees, payment schedule, and calculation methods

7. Use of Licensed Name: Guidelines and restrictions on how the licensed name may be used

8. Quality Control: Standards and requirements for maintaining the quality associated with the licensed name

9. Representations and Warranties: Statements of fact and guarantees by both parties regarding their rights and obligations

10. Indemnification: Obligations to protect against and compensate for losses related to the license

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

13. General Provisions: Standard contractual provisions including notices, amendments, and assignment

What sections are optional to include in a Name Licensing Agreement?

1. Sublicensing Rights: Include when the licensee is permitted to sublicense the name to third parties

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

3. Geographic Restrictions: Include when the license is limited to specific territories or regions

4. Corporate Co-Branding: Include when the license involves use alongside other corporate brands

5. Digital Usage: Include when the license covers online and digital use of the name

6. Audit Rights: Include when the licensor requires rights to audit the licensee's use of the name

7. Insurance Requirements: Include when specific insurance coverage is required for the licensed name use

What schedules should be included in a Name Licensing Agreement?

1. Schedule A - Licensed Name Specifications: Detailed description and specifications of the licensed name, including any associated logos or marks

2. Schedule B - Approved Uses: List of specifically approved uses and applications of the licensed name

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule D - Quality Control Guidelines: Specific quality control requirements and procedures

5. Schedule E - Approval Procedures: Process for obtaining approval for new uses of the licensed name

6. Appendix 1 - Style Guide: Technical specifications for name usage, including fonts, colors, and sizing

7. Appendix 2 - Territory Definition: Detailed description of geographic territories covered by the license

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Entertainment

Sports

Media

Technology

Franchising

Manufacturing

Professional Services

Education

Healthcare

Hospitality

Relevant Teams

Legal

Brand Management

Commercial

Intellectual Property

Marketing

Business Development

Compliance

Finance

Operations

Relevant Roles

Legal Counsel

Brand Manager

Licensing Director

Commercial Director

Intellectual Property Lawyer

Contract Manager

Business Development Manager

Franchise Manager

Chief Legal Officer

Marketing Director

Compliance Officer

Corporate Counsel

Brand Protection Manager

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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