Trademark Use Agreement Template for Philippines

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Key Requirements PROMPT example:

Trademark Use Agreement

"I need a Trademark Use Agreement for my Philippine retail company to license our registered clothing brand trademark to a manufacturer in Manila, with exclusive rights for 3 years starting January 2025, including quality control provisions for sustainable manufacturing practices."

Document background

The Trademark Use Agreement is a crucial legal instrument used when a trademark owner wishes to grant another party the right to use their registered trademark(s) in the Philippines. This document is essential for businesses expanding through licensing, franchising, or strategic partnerships, and must comply with the Intellectual Property Code of the Philippines (Republic Act No. 8293) and IPOPHL regulations. It becomes necessary when companies want to monetize their intellectual property, enter new markets, or establish brand partnerships while maintaining control over their trademark's use and reputation. The agreement typically includes detailed provisions on usage rights, quality control, royalty payments, and termination conditions, ensuring both parties' interests are protected while maintaining the trademark's value and integrity in the Philippine market.

Suggested Sections

1. Parties: Identification of the trademark owner (licensor) and the user (licensee) with complete legal names and addresses

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

3. Definitions: Defined terms used throughout the agreement, including the licensed marks, territory, and products/services

4. Grant of License: Scope of the trademark license, including territory, exclusivity/non-exclusivity, and permitted uses

5. Quality Control: Standards and requirements for maintaining trademark quality, inspection rights, and approval processes

6. Usage Guidelines: Specific rules and requirements for trademark display, placement, and format

7. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

8. Royalties and Payments: Financial terms, payment schedule, and reporting requirements

9. Representations and Warranties: Statements of fact and guarantees by both parties regarding the trademark and their authority

10. Protection of Rights: Obligations regarding trademark protection, infringement actions, and cooperation

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

12. General Provisions: Standard clauses including governing law, notices, amendment procedures, and dispute resolution

Optional Sections

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

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

3. E-commerce Provisions: Include for online use of the trademark and digital commerce requirements

4. Corporate Social Responsibility: Include when trademark use needs to align with specific CSR standards

5. Force Majeure: Include when specific events beyond parties' control need detailed treatment

6. Insurance Requirements: Include when specific insurance coverage is required for trademark use

7. Export Control: Include when products bearing the trademark are subject to export regulations

Suggested Schedules

1. Schedule A - Licensed Trademarks: Detailed list of all licensed trademarks, including registration numbers and classes

2. Schedule B - Licensed Products/Services: Comprehensive list of products or services covered by the license

3. Schedule C - Quality Control Standards: Detailed quality control specifications and procedures

4. Schedule D - Trademark Usage Guidelines: Visual guidelines and specifications for trademark usage

5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties

6. Appendix 1 - Approval Procedures: Step-by-step procedures for obtaining approval for trademark use

7. Appendix 2 - Reporting Templates: Standard forms for regular reporting requirements

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

Manufacturing

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Pharmaceuticals

Franchising

E-commerce

Media and Publishing

Sports and Recreation

Education

Professional Services

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Business Development

Compliance

Commercial Operations

Risk Management

Corporate Affairs

Finance

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Licensing Director

Commercial Director

Business Development Manager

Corporate Counsel

Compliance Officer

Chief Legal Officer

Chief Executive Officer

Marketing Director

Franchise Manager

Contracts Manager

Risk Manager

General Counsel

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Let's create your Trademark Use Agreement

Authors

Alex Denne

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