This Non-Exclusive Trademark License Agreement is designed for use in commercial transactions governed by Austrian law, where a trademark owner wishes to grant non-exclusive rights to use their trademark(s) while retaining the ability to license the same rights to others. The agreement is structured to comply with the Austrian Trademark Protection Act (Markenschutzgesetz), the Austrian Civil Code (ABGB), and relevant EU regulations, particularly regarding trademark protection and competition law. It is commonly used in various commercial contexts, from product manufacturing and distribution to franchising and merchandising. The document includes comprehensive provisions for quality control, payment structures, and territorial restrictions, while ensuring the trademark owner maintains adequate control over their intellectual property rights. This agreement type is particularly relevant in the Austrian market where businesses often need to navigate both national and EU-wide trademark protection systems.
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1. Parties: Identification of the Licensor and Licensee with full legal names, registration details, and addresses
2. Background: Context of the agreement, including confirmation of trademark ownership and registration details
3. Definitions: Defined terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', and 'Effective Date'
4. Grant of License: Scope of the non-exclusive license, permitted uses, and any territorial limitations
5. Term and Termination: Duration of the license, renewal provisions, and grounds for termination
6. License Fees and Payment Terms: Financial terms including royalty rates, payment schedule, and reporting requirements
7. Quality Control: Standards for use of the trademark and quality control measures
8. Obligations of the Licensee: Specific duties and responsibilities of the licensee in using the trademark
9. Representations and Warranties: Standard warranties regarding trademark ownership and right to license
10. Infringement: Procedures for dealing with trademark infringement by third parties
11. Confidentiality: Protection of confidential information exchanged during the license relationship
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
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 imposed
3. Minimum Performance Requirements: Include when the license is tied to specific performance targets or minimum sales requirements
4. Export Restrictions: Include when there are specific territorial restrictions or export controls
5. Insurance: Include when specific insurance requirements are needed to protect the trademark
6. Change of Control: Include when the agreement needs to address potential ownership changes of either party
7. Competition Law Compliance: Include when specific provisions are needed to ensure compliance with EU competition law
1. Schedule 1 - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license
3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Territory: Detailed description of geographical territories covered by the license
5. Schedule 5 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods
6. Schedule 6 - Approved Forms of Trademark Use: Examples and guidelines for acceptable trademark usage
7. Schedule 7 - Reporting Templates: Standard forms for sales reports and royalty calculations
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Retail
Manufacturing
Fashion and Luxury Goods
Technology and Software
Food and Beverage
Pharmaceuticals
Entertainment and Media
Sports and Recreation
Automotive
Hospitality
Franchising
E-commerce
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Brand Management
Compliance
Finance
Marketing
Product Development
Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Contract Manager
Trademark Attorney
General Counsel
CEO
CFO
Head of Legal
IP Rights Manager
Compliance Officer
Commercial Manager
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