The Trademark Use License agreement is essential for businesses seeking to legally and formally authorize third parties to use their registered trademarks. This document, governed by Austrian law and EU regulations, is particularly crucial in commercial relationships where brand protection and controlled usage are paramount. The agreement should be used when a trademark owner wishes to grant another party the right to use their trademark while maintaining control over its application and protecting its value. It covers critical elements including usage rights, territorial limitations, quality standards, royalty structures, and compliance requirements. The document ensures compliance with the Austrian Trademark Protection Act (Markenschutzgesetz) while providing comprehensive protection for both parties' interests.
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Key Requirements PROMPT example:
Trademark Use License
"I need a Trademark Use License agreement for my food manufacturing company to license our registered trademark to a distributor in Austria for a 3-year term starting January 2025, with quality control provisions and quarterly royalty payments based on net sales."
1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses
2. Background: Context of the agreement, description of the trademark(s), and ownership confirmation
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, territory, and nature of rights granted (exclusive/non-exclusive)
5. Term and Renewal: Duration of the license agreement and conditions for renewal
6. License Fees and Payment Terms: Financial terms including royalties, payment schedule, and calculation methods
7. Quality Control: Standards for trademark usage and Licensor's right to inspect and approve use
8. Usage Guidelines: Specific requirements for how the trademark must be used and displayed
9. Protection of the Trademark: Obligations regarding trademark protection and handling infringement
10. Representations and Warranties: Statements about trademark ownership, right to license, and other assurances
11. Termination: Grounds for termination and post-termination obligations
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Sublicensing Rights: Include when the Licensee is permitted to sublicense the trademark to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
3. Export Controls: Include for international licensing arrangements with export considerations
4. Anti-Corruption Compliance: Include for international licenses or when dealing with government entities
5. Dispute Resolution: Include when parties want to specify mediation or arbitration procedures
6. Insurance Requirements: Include when specific insurance coverage is required for trademark usage
1. Schedule A - Licensed Trademarks: Detailed list and images of all licensed trademarks, including registration numbers
2. Schedule B - Territory: Detailed description of geographic territories where license is valid
3. Schedule C - Approved Products/Services: Specific products or services for which the trademark may be used
4. Schedule D - Quality Standards: Detailed quality control specifications and requirements
5. Schedule E - Style Guide: Visual guidelines for trademark usage including size, colors, and positioning
6. Schedule F - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports
Technology
Manufacturing
Franchising
Merchandising
Media and Publishing
Automotive
Pharmaceuticals
Luxury Goods
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Licensing
Business Development
Marketing
Compliance
Finance
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Legal Officer
Trademark Attorney
Contract Manager
Chief Executive Officer
Chief Commercial Officer
Marketing Director
Compliance Officer
General Counsel
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