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Transfer Of Trademark Agreement
I need a Transfer of Trademark Agreement under Dutch law to transfer my company's beverage trademark portfolio to a multinational corporation, including provisions for a 6-month transition period where we'll continue manufacturing under license until March 2025.
1. Parties: Identification of the transferor and transferee, including full legal names, registration details, and addresses
2. Background: Context of the transfer, including current ownership status and reason for transfer
3. Definitions: Definitions of key terms used throughout the agreement, including 'Trademarks', 'Effective Date', 'Territory', etc.
4. Transfer of Rights: Core provision transferring ownership of the trademark(s) from transferor to transferee
5. Consideration: Details of the payment or other consideration for the transfer
6. Representations and Warranties: Transferor's warranties regarding ownership, validity, and absence of encumbrances on the trademark(s)
7. Registration and Recordal: Obligations regarding the recording of the transfer with relevant trademark offices
8. Cooperation: Parties' obligations to cooperate in implementing the transfer and executing necessary documents
9. Confidentiality: Obligations regarding confidential information shared during the transfer process
10. Tax Provisions: Allocation of responsibility for transfer taxes and related costs
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Transitional Provisions: Used when there needs to be a phase-out period for the transferor's use of the trademark
2. Quality Control: Included when the transferor needs to maintain certain quality standards during a transition period
3. License Back: When the transferor needs to continue using the trademark under a license from the transferee
4. Related Rights: When additional IP rights (such as domain names or social media accounts) are included in the transfer
5. Competition Compliance: Required when the transfer might have competition law implications
6. Employee Provisions: Needed when employees involved with the trademark are affected by the transfer
7. Existing Agreements: Required when there are existing licenses or other agreements affecting the trademark
1. Schedule 1 - Trademark Details: Comprehensive list of trademarks being transferred, including registration numbers, classes, and jurisdictions
2. Schedule 2 - Form of Recordal Applications: Templates for trademark office recordal documents
3. Schedule 3 - Payment Terms: Detailed payment schedule and mechanisms if payment is not made in full at completion
4. Schedule 4 - Existing Agreements: List and copies of relevant existing agreements affecting the trademarks
5. Schedule 5 - Required Local Formalities: Country-specific requirements for recording the transfer in relevant jurisdictions
6. Appendix A - Power of Attorney: Form of power of attorney for recording the transfer
7. Appendix B - Transfer Declaration: Official declaration of transfer for Benelux and EU trademark offices
Authors
Trademarks
Transferor
Transferee
Effective Date
Completion Date
Territory
Benelux Office
Associated Rights
Business Day
Completion
Confidential Information
Consideration
Encumbrance
Existing Agreements
Goodwill
Intellectual Property Rights
Licensed Products
Local Requirements
Material Adverse Change
Parties
Recordal
Registration Certificates
Related Rights
Relevant Authority
Representatives
Specified Classes
Third Party Rights
Trade Marks Register
Transition Period
Use
Working Hours
Transfer of Rights
Consideration
Completion
Warranties and Representations
Registration and Recordal
Further Assurance
Transition Arrangements
Assignment and Licensing
Quality Control
Confidentiality
Announcements
Tax
Costs
Notices
Force Majeure
Severability
Entire Agreement
Amendments
Waiver
Third Party Rights
Assignment
No Partnership
Counterparts
Governing Law
Jurisdiction
Competition Law Compliance
Indemnification
Dispute Resolution
Data Protection
Consumer Goods
Retail
Technology
Pharmaceuticals
Manufacturing
Fashion and Luxury
Food and Beverage
Media and Entertainment
Professional Services
Telecommunications
Financial Services
Healthcare
Automotive
Legal
Intellectual Property
Corporate Affairs
Marketing
Finance
Compliance
Business Development
Brand Management
Commercial Operations
Risk Management
Intellectual Property Counsel
General Counsel
Legal Director
Brand Manager
Chief Legal Officer
Commercial Director
Corporate Lawyer
Trademark Attorney
Legal Operations Manager
Chief Executive Officer
Chief Financial Officer
Compliance Officer
Business Development Director
Marketing Director
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