Trademark Use Agreement for Singapore

Trademark Use Agreement Template for Singapore

A Trademark Use Agreement under Singapore law is a legally binding contract that grants permission to use registered trademarks under specific terms and conditions. It is governed by the Singapore Trade Marks Act and related legislation, providing a framework for trademark licensing while ensuring protection of the owner's intellectual property rights. The agreement details usage rights, quality control measures, territory restrictions, and financial arrangements between the trademark owner and licensee.

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What is a Trademark Use Agreement?

The Trademark Use Agreement serves as a crucial legal instrument in Singapore's intellectual property landscape, enabling trademark owners to monetize their intellectual property while maintaining control over their brand. This document is essential when a business wants to permit others to use their trademark while ensuring proper usage and brand integrity. The agreement, governed by Singapore law, typically includes detailed provisions about usage rights, quality control, territory restrictions, and payment terms. It's particularly important for businesses expanding through licensing or franchising, where maintaining brand consistency and legal protection is paramount.

What sections should be included in a Trademark Use Agreement?

1. Parties: Identification of licensor and licensee with full legal details

2. Background: Context of agreement and ownership status of trademark(s)

3. Definitions: Key terms used throughout the agreement

4. Grant of License: Scope and nature of trademark usage rights

5. Term and Termination: Duration and conditions for ending the agreement

6. Quality Control: Standards for trademark usage and maintenance

7. Fees and Royalties: Payment terms and calculation methods

8. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Trademark Use Agreement?

1. Territory Restrictions: Geographic limitations on trademark use - include when license is territory-specific

2. Sub-licensing Rights: Terms for allowing licensee to sub-license - include when sub-licensing is permitted

3. Non-Competition: Restrictions on competitive activities - include when protecting against competition is crucial

4. Marketing Requirements: Specific marketing obligations - include when specific marketing standards are required

What schedules should be included in a Trademark Use Agreement?

1. Schedule 1: Licensed Trademarks: Details of all trademarks covered by the agreement

2. Schedule 2: Quality Control Standards: Detailed quality requirements and specifications

3. Schedule 3: Royalty Calculations: Detailed methodology for calculating royalties

4. Appendix A: Brand Guidelines: Visual guidelines 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

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Industries

Trade Marks Act (Cap. 332): Primary legislation governing trademark protection in Singapore, covering registration, enforcement, and licensing provisions. Defines fundamental trademark rights and what constitutes infringement.

Trade Marks Rules: Subsidiary legislation providing detailed regulations for trademark procedures and specific requirements for trademark licenses and their implementation.

Intellectual Property Rights Act: Broader intellectual property protection framework that impacts trademark usage, particularly relevant for cross-border enforcement and protection.

Competition Act (Cap. 50B): Ensures trademark licensing terms comply with competition laws and addresses potential anti-competitive practices in IP agreements.

Singapore Contract Law: Common law principles governing contract formation, consideration requirements, and general terms and conditions for agreements.

Madrid Protocol: International treaty considerations for trademark registration and protection across multiple jurisdictions.

Paris Convention: International treaty providing protection for industrial property, including trademarks, across member states.

TRIPS Agreement: International agreement establishing minimum standards for intellectual property regulation in WTO member countries.

Good Faith Requirements: Singapore's specific requirements for fair dealing and reasonable commercial practices in trademark agreements.

IPOS Registration Requirements: Specific requirements from the Intellectual Property Office of Singapore regarding the recording and registration of trademark licenses.

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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