Trade Mark Agreement for the Netherlands

Trade Mark Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions under which a trademark owner (licensor) grants permission to another party (licensee) to use their registered trademark(s). The agreement complies with Dutch intellectual property law, EU trademark regulations, and international trademark conventions, incorporating provisions for trademark usage, quality control, territorial restrictions, financial terms, and enforcement mechanisms. It addresses both parties' rights and obligations while ensuring compliance with Benelux and European Union trademark legislation.

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What is a Trade Mark Agreement?

The Trade Mark Agreement is a crucial legal instrument used when a trademark owner wishes to grant another party the right to use their trademark(s) in the Netherlands and potentially other territories. This document is essential for businesses seeking to expand their brand presence through licensing while maintaining control over their intellectual property. The agreement must comply with Dutch law, including the Benelux Convention on Intellectual Property and relevant EU regulations. It typically includes detailed provisions on license scope, quality control measures, financial terms, and enforcement rights. The document is particularly important for international business transactions involving Dutch entities or Dutch-registered trademarks, and requires careful consideration of both local and international trademark protection mechanisms.

What sections should be included in a Trade Mark Agreement?

1. Parties: Identification of the trademark owner (licensor) and the party receiving rights (licensee), including full legal names and registered addresses

2. Background: Context of the agreement, including details of trademark ownership and registration, and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', and 'Effective Date'

4. Grant of Rights: Specific rights being granted, including type of license (exclusive/non-exclusive), territorial scope, and permitted uses

5. License Fee and Payment Terms: Financial terms including license fees, royalties, payment schedule, and reporting requirements

6. Quality Control: Standards for use of the trademark, approval processes, and quality maintenance requirements

7. Protection and Enforcement: Obligations regarding trademark protection, handling infringement, and cooperation in enforcement

8. Representations and Warranties: Statements of fact and promises by both parties regarding trademark ownership, validity, and authority to enter agreement

9. Term and Termination: Duration of the agreement, renewal provisions, and circumstances allowing termination

10. Post-Termination Obligations: Responsibilities and restrictions after agreement ends, including phase-out periods

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 dispute resolution

13. General Provisions: Standard clauses including notices, amendment process, and severability

What sections are optional to include in a Trade Mark Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Marketing and Promotion: Include when specific requirements for marketing and promotional activities need to be regulated

3. Registration Rights: Include when licensee has rights or obligations regarding trademark registration in specific territories

4. Non-Competition: Include when parties agree to restrict activities with competing brands

5. Corporate Social Responsibility: Include when trademark use must comply with specific ethical or sustainability standards

6. Assignment and Change of Control: Include when specific provisions for corporate restructuring or ownership changes are needed

7. Insurance: Include when specific insurance requirements are necessary for trademark use

What schedules should be included in a Trade Mark Agreement?

1. Schedule 1 - Licensed Trademarks: Detailed list of all trademarks covered by the agreement, including registration numbers and status

2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services for which the trademark may be used

3. Schedule 3 - Territory: Detailed definition of geographical areas where license is valid

4. Schedule 4 - Quality Standards: Specific quality control requirements and guidelines for trademark usage

5. Schedule 5 - Brand Guidelines: Technical specifications for trademark reproduction and usage

6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks

8. Appendix B - Approval Procedures: Step-by-step procedures for obtaining approval for trademark 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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Pharmaceuticals

Manufacturing

Entertainment

Sports and Recreation

Media and Publishing

Franchising

E-commerce

Professional Services

Healthcare

Automotive

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Licensing

Business Development

Compliance

Marketing

Finance

International Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Corporate Lawyer

Trademark Attorney

General Counsel

Chief Legal Officer

Contract Manager

Compliance Officer

Chief Executive Officer

Chief Commercial Officer

Marketing Director

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