The Trademark Use Agreement serves as a crucial legal instrument for businesses seeking to monetize their intellectual property or expand their brand presence through controlled licensing arrangements. This document, governed by Austrian law and EU regulations, is essential when a trademark owner wishes to grant another party the right to use their registered trademark(s) while maintaining control over their intellectual property. The agreement comprehensively addresses all aspects of the licensing relationship, including usage rights, quality standards, financial terms, and compliance requirements. It's particularly important in commercial contexts where brand integrity must be maintained while allowing for business growth through partnerships. The document incorporates provisions from the Austrian Trademark Protection Act (Markenschutzgesetz) and related legislation, ensuring robust protection for both parties while facilitating commercial objectives.
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1. Parties: Identification of the trademark owner (licensor) and the party being granted usage rights (licensee), including full legal names and addresses
2. Background: Context of the agreement, including details about the trademark ownership and the purpose of the license arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including the licensed marks, territory, and field of use
4. Grant of License: Specific rights being granted, including whether the license is exclusive or non-exclusive, and the scope of permitted use
5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate
6. Quality Control: Standards for trademark usage, inspection rights, and approval processes for branded materials
7. Usage Guidelines: Specific requirements for how the trademark must be used, including format, placement, and style specifications
8. Royalties and Payments: Financial terms, including license fees, royalty calculations, payment schedules, and reporting requirements
9. Representations and Warranties: Statements regarding trademark ownership, right to license, and other material facts
10. Protection of Rights: Obligations regarding trademark protection, including infringement reporting and enforcement
11. Confidentiality: Provisions for protecting confidential information shared during the agreement
12. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Sublicensing Rights: Include when the licensee needs the right to grant sublicenses to third parties
2. Territory Restrictions: Include when the license is limited to specific geographic regions
3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
4. Insurance Requirements: Include when the licensee must maintain specific insurance coverage
5. Minimum Sales Requirements: Include when the license is contingent on achieving certain sales targets
6. Product Development: Include when the licensee will be developing new products using the trademark
7. Digital Usage Rights: Include when the trademark will be used in digital media or online platforms
8. Change of Control: Include when special provisions are needed for ownership changes of either party
1. Schedule A - Licensed Trademarks: Detailed list of all trademarks covered by the agreement, including registration numbers and jurisdictions
2. Schedule B - Brand Guidelines: Comprehensive brand guidelines including logo specifications, color schemes, and usage examples
3. Schedule C - Approved Products/Services: List of specific products or services for which the trademark may be used
4. Schedule D - Quality Standards: Detailed quality control requirements and specifications
5. Schedule E - Territory Definition: Detailed description of geographic territories where use is permitted
6. Schedule F - Royalty Calculations: Detailed methodology for calculating royalties and example calculations
7. Appendix 1 - Approval Process: Step-by-step process for obtaining approval for trademark usage
8. Appendix 2 - Reporting Ƶ: Standard templates for required periodic reports and royalty calculations
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Technology
Food and Beverage
Entertainment
Sports
Manufacturing
Pharmaceuticals
Automotive
Media and Publishing
Franchising
Merchandising
E-commerce
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Marketing
Business Development
Compliance
Finance
Product Development
Sales
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Contract Manager
Chief Legal Officer
Trademark Attorney
General Counsel
Marketing Director
Chief Commercial Officer
Product Manager
Compliance Officer
IP Portfolio Manager
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