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The Trademark Use Agreement is essential for businesses looking to grant or receive rights to use registered trademarks in Belgium and potentially across the EU. This document is particularly relevant when a trademark owner wishes to maintain control over their intellectual property while allowing another party to use it under specific conditions. The agreement, governed by Belgian law, must comply with both the Benelux Convention on Intellectual Property and EU trademark regulations. It typically includes detailed provisions on usage rights, quality control measures, financial terms, and enforcement mechanisms. This type of agreement is commonly used in licensing arrangements, franchising, merchandising, and other commercial relationships where brand usage needs to be carefully controlled and monitored. The document serves to protect the trademark owner's interests while providing clear guidelines and rights to the user, helping prevent trademark dilution and ensuring proper brand representation.

1. Parties: Identification of the trademark owner (Licensor) and the party being granted use rights (Licensee), including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including details of the trademark owner's rights and registration, and the intended business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products/Services'

4. Grant of License: Specific details of the trademark usage rights being granted, including type of license (exclusive/non-exclusive), territory, and scope of permitted use

5. License Fee and Payment Terms: Financial terms including license fees, royalties, payment schedule, and reporting requirements

6. Quality Control: Standards and requirements for maintaining the quality of products/services associated with the trademark, including inspection rights

7. Protection of the Trademark: Obligations regarding trademark protection, including notification of infringement and cooperation in enforcement

8. Usage Guidelines: Specific requirements for how the trademark must be used, including format, placement, and any required notices

9. Term and Termination: Duration of the agreement, renewal provisions, and circumstances allowing for termination

10. Post-Termination Obligations: Obligations of the parties after the agreement ends, including cessation of use and return of materials

11. Representations and Warranties: Legal assurances from both parties, including ownership rights and authority to enter into the agreement

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and designation of competent courts

13. General Provisions: Standard contractual provisions including notices, amendments, assignment, and severability