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A Trademark Agreement sets out how two or more parties can use, share, or transfer trademark rights under Philippine IP law. These contracts often cover brand names, logos, and distinctive marks that businesses have registered with the Intellectual Property Office of the Philippines (IPOPHL).

Common types include licensing deals that let others use your trademark, coexistence agreements that prevent trademark conflicts, and assignment contracts that transfer ownership completely. These agreements help Filipino businesses protect their brand identity while creating valuable commercial opportunities through controlled trademark sharing or sale.

Use a Trademark Agreement when expanding your brand's reach in the Philippines through partnerships or licensing deals. This becomes essential before letting another company use your registered trademark, merging with another business, or selling your brand rights to someone else.

The agreement provides critical protection when entering franchise arrangements, launching co-branded products, or resolving trademark disputes with competitors. For example, local restaurants expanding through franchising need these agreements to maintain brand control while allowing franchisees to use their marks. Similarly, manufacturers licensing their brands to distributors rely on them to prevent unauthorized trademark use.

• Basic licensing agreements let other businesses use your trademark for specific products or services while you keep ownership
• Coexistence agreements help similar brands operate without conflict in different markets or regions across the Philippines
• Assignment agreements permanently transfer all trademark rights to another party
• Franchise agreements combine trademark licensing with detailed operational requirements
• Settlement agreements resolve disputes over trademark usage and often include specific terms for future use

• Business Owners: Companies or entrepreneurs who own trademarks and want to license, sell, or protect their brand rights in the Philippines
• IP Lawyers: Legal professionals who draft, review, and negotiate trademark agreements to ensure compliance with IPOPHL regulations
• Franchisors: Businesses expanding through franchising who need to control how their trademarks are used by franchisees
• Licensees: Companies paying to use another business's trademark under specific terms and conditions
• Brand Managers: Corporate officers responsible for maintaining trademark value and monitoring proper usage

• Trademark Details: Gather registration numbers and dates from IPOPHL, plus details of how the mark is currently used
• Party Information: Collect complete business details of all parties, including registration documents and authorized signatories
• Usage Terms: Define exactly how, where, and when the trademark can be used, including any quality control measures
• Financial Terms: Outline payment structures, royalty rates, and any minimum guaranteed payments
• Duration and Territory: Specify agreement length and geographical scope within the Philippines
• Quality Standards: Document specific requirements for maintaining brand consistency and reputation

• Identification Section: Clear details of all parties and specific trademarks covered, including IPOPHL registration numbers
• Grant of Rights: Explicit terms of trademark usage, including any territorial or product limitations
• Quality Control: Standards and inspection rights to maintain trademark integrity
• Payment Terms: Detailed royalty structures, payment schedules, and reporting requirements
• Term and Termination: Agreement duration, renewal options, and grounds for early termination
• Dispute Resolution: Philippine jurisdiction clause and specific procedures for handling conflicts
• Signatures: Authorized signatures with proper notarization under Philippine law

A Trademark Agreement and a Trademark License Agreement are closely related but serve different purposes in Philippine intellectual property law. While both deal with trademark rights, their scope and application differ significantly.

• Scope of Rights: A Trademark Agreement covers any type of trademark arrangement, including sales, transfers, and coexistence deals. A Trademark License Agreement specifically focuses on permitting another party to use the mark while retaining ownership.
• Duration and Transfer: Trademark Agreements can be permanent (like in sales) or temporary. License Agreements are always temporary and don't transfer ownership rights.
• Control Mechanisms: License Agreements typically include detailed quality control provisions and usage restrictions. General Trademark Agreements may have broader or different control structures depending on the arrangement type.