The Non-Exclusive Trademark License Agreement is essential for businesses seeking to grant or obtain rights to use registered trademarks in Pakistan while maintaining multiple licensing relationships. This document is typically used when a trademark owner wishes to license their marks to multiple parties while retaining ownership and control over their intellectual property. It includes detailed provisions for quality control, payment terms, and usage restrictions, ensuring compliance with Pakistani intellectual property laws, particularly the Trade Marks Ordinance, 2001, and related regulations. The agreement is crucial for businesses expanding their brand presence through licensing while maintaining brand integrity and legal protection. It addresses key commercial terms, regulatory requirements, and risk management aspects specific to the Pakistani market.
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1. Parties: Identification of the Licensor and Licensee with their full legal names, registration details, and addresses
2. Background: Context of the agreement, including details of trademark ownership and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the non-exclusive license, including scope of use and territorial limitations
5. Term and Termination: Duration of the license and circumstances under which it can be terminated
6. License Fees and Royalties: Payment terms, including license fees, royalties, and payment schedules
7. Quality Control: Standards and procedures for maintaining trademark quality and Licensor's right to inspect
8. Use of the Trademark: Specific guidelines and restrictions on how the trademark may be used
9. Warranties and Representations: Statements of fact and guarantees by both parties
10. Protection of the Trademark: Obligations regarding trademark protection and handling infringement
11. Confidentiality: Provisions for protecting confidential information exchanged during the relationship
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Sub-licensing Rights: Include when the Licensee may be granted the right to sub-license the trademark to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be outlined
3. Export Restrictions: Include when there are specific territorial restrictions on export of licensed products
4. Insurance: Include when specific insurance requirements are needed to protect the trademark
5. Change of Control: Include when restrictions on change in ownership or control of Licensee are necessary
6. Anti-corruption Compliance: Include when there are specific compliance requirements or international business aspects
7. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered under the license
3. Schedule 3 - Quality Control Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties and examples
5. Schedule 5 - Approved Form of Trademark Use: Visual guidelines and approved formats for trademark usage
6. Appendix A - Trademark Registration Certificates: Copies of relevant trademark registration certificates
7. Appendix B - Quality Control Reports Template: Standard templates for quality control reporting
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