An Exclusive Trademark License Agreement is essential when a trademark owner wishes to grant exclusive rights to another party to use their trademark(s) in specific territories or for particular products/services. This document, governed by German law and compliant with both the German Trademark Act (MarkenG) and EU regulations, is commonly used in commercial arrangements where brand control and market exclusivity are crucial. It outlines comprehensive terms for trademark usage, quality standards, royalty payments, and enforcement rights, while ensuring compliance with German and EU competition laws. The agreement is particularly valuable for businesses expanding into new markets or product lines through strategic licensing partnerships, providing the licensee with protected exclusive rights while maintaining the licensor's control over their intellectual property.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including trademark ownership and business relationship
3. Definitions: Key terms used throughout the agreement, including Licensed Marks, Territory, and Field of Use
4. Grant of License: Scope of the exclusive license, including territory and field of use restrictions
5. License Fee and Payment Terms: Financial terms including royalties, payment schedule, and reporting requirements
6. Quality Control: Standards for trademark usage and licensor's right to monitor and inspect
7. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement, and enforcement
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Representations and Warranties: Standard warranties including ownership and right to license
10. Confidentiality: Protection of confidential information exchanged during the license relationship
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Sublicensing Rights: Terms for granting sublicenses, if permitted
2. International Registration: Provisions for international trademark protection and registration requirements
3. Marketing and Promotion: Specific requirements for marketing and promoting products under the licensed marks
4. Competition Law Compliance: Specific provisions ensuring compliance with EU and German competition laws
5. Technology Transfer: If the trademark usage requires technical know-how or technology transfer
6. Product Liability: Specific provisions regarding product liability and insurance requirements
7. Change of Control: Provisions dealing with change in ownership or control of either party
1. Schedule 1 - Licensed Marks: Detailed list of licensed trademarks including registration numbers and status
2. Schedule 2 - Products and Services: Specific products and services covered by the license
3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Territory: Detailed description of geographical territory covered by the license
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties
6. Schedule 6 - Approved Form of Trademark Notice: Specific requirements for trademark usage and markings
7. Schedule 7 - Reporting Ƶ: Ƶ for required periodic reports and royalty statements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Retail
Fashion and Luxury
Technology
Pharmaceuticals
Food and Beverage
Automotive
Entertainment
Sports and Recreation
Manufacturing
Software and Digital Products
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Brand Management
Quality Assurance
Compliance
Finance
Marketing
Operations
Relevant Roles
Chief Legal Officer
Intellectual Property Director
Commercial Director
Brand Manager
Licensing Manager
Legal Counsel
Trademark Attorney
Business Development Manager
Quality Assurance Manager
Compliance Officer
Commercial Contracts Manager
Chief Executive Officer
Chief Financial Officer
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