A Brand Usage Agreement is essential for businesses operating in the UAE who wish to authorize third parties to use their brand assets while maintaining control over their intellectual property. This document is particularly relevant in the UAE's dynamic commercial environment, where brand protection and proper usage are crucial for maintaining market value and legal compliance. The agreement must align with UAE Federal Law No. 36 of 2021 on Trademarks and related legislation, while addressing specific local commercial practices and cultural considerations. It typically includes comprehensive provisions for brand usage rights, quality control measures, approval processes, and compliance requirements, making it suitable for various commercial relationships from simple licensing arrangements to complex international brand partnerships.
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1. Parties: Identification of the brand owner and the authorized user, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including brief description of the brand owner's rights and the intended relationship between the parties
3. Definitions: Detailed definitions of key terms including 'Brand', 'Territory', 'Licensed Products/Services', 'Brand Guidelines', and other relevant terms
4. Grant of Rights: Specific rights being granted, including scope, territory, and any limitations on usage
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Brand Usage Requirements: Specific requirements and standards for brand usage, including compliance with brand guidelines
7. Quality Control: Requirements for maintaining quality standards and brand owner's right to inspect and approve usage
8. Fees and Payment Terms: Financial terms including licensing fees, royalties, and payment schedules if applicable
9. Approvals Process: Procedures for obtaining brand owner's approval for specific uses
10. Protection of Rights: Obligations regarding brand protection, including infringement reporting and cooperation
11. Representations and Warranties: Standard warranties regarding right to enter agreement and brand ownership
12. Termination: Grounds for termination and post-termination obligations
13. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Exclusivity Provisions: Include when granting exclusive rights in specific territories or sectors
2. Sub-licensing Rights: Include when the user is permitted to sub-license the brand to third parties
3. Social Media Usage: Include specific provisions for social media brand usage when relevant
4. Co-branding Provisions: Include when co-branding opportunities are contemplated
5. Marketing Commitments: Include when specific marketing obligations or restrictions apply
6. Sales Targets: Include when brand usage is tied to performance metrics
7. Islamic Law Compliance: Include specific provisions ensuring compliance with Islamic law principles where relevant
8. Language Requirements: Include when brand usage involves specific language requirements in the UAE
1. Brand Guidelines: Detailed specifications for brand usage including logos, colors, typography, and positioning
2. Licensed Marks: Complete list of all trademarks, logos, and other brand elements covered by the agreement
3. Territory Definition: Detailed description of geographic areas where brand usage is permitted
4. Approved Products/Services: List of specific products or services for which brand usage is authorized
5. Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Approval Process Flowchart: Visual representation of the approval process for brand usage
7. Quality Control Standards: Specific quality standards and testing requirements
8. Contact Details: List of key contacts for both parties for various aspects of the agreement
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Luxury
Food and Beverage
Technology
Healthcare
Automotive
Financial Services
Hospitality
Entertainment
Sports
Education
Professional Services
Manufacturing
E-commerce
Relevant Teams
Legal
Marketing
Brand Management
Business Development
Commercial Operations
Compliance
Corporate Communications
Intellectual Property
Retail Operations
Licensing
International Business
Relevant Roles
Chief Executive Officer
Brand Manager
Legal Counsel
Intellectual Property Attorney
Commercial Director
Marketing Director
Licensing Manager
Compliance Officer
Business Development Manager
Franchise Manager
Operations Director
Chief Marketing Officer
Corporate Communications Manager
General Counsel
Retail Operations Manager
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