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Brand Transfer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Brand Transfer Agreement

"I need a Brand Transfer Agreement under Swiss law for transferring a luxury fashion brand from a Swiss holding company to a French corporation, with a completion date of March 1, 2025, including provisions for ongoing quality control and temporary licensing back to the seller for the Asian market."

Document background
The Brand Transfer Agreement is a crucial document used when one entity wishes to transfer ownership of a brand and all its associated intellectual property rights to another entity under Swiss law. This type of agreement is commonly used in corporate restructuring, mergers and acquisitions, strategic brand management, or when companies are divesting or acquiring specific brand portfolios. The document must comply with Swiss federal laws regarding intellectual property rights, particularly the Swiss Federal Act on the Protection of Trade Marks and Indications of Source, as well as the Swiss Code of Obligations. It includes detailed provisions for the transfer of all brand-related assets, from registered trademarks to unregistered rights, domain names, and social media accounts. The agreement is particularly important for ensuring clear chain of title and protecting both parties' interests during and after the transfer process.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including full legal names and addresses

2. Background: Context of the agreement, including current ownership of the brand and reason for transfer

3. Definitions: Detailed definitions of key terms including 'Brand', 'Intellectual Property Rights', 'Effective Date', and other relevant terms

4. Transfer of Brand: Core provision detailing the transfer of the brand and all associated rights

5. Consideration: Details of the payment or other consideration for the brand transfer

6. Completion: Timing and mechanics of the transfer completion, including conditions precedent

7. Seller's Warranties: Warranties regarding ownership, right to transfer, no encumbrances, validity of IP rights

8. Protection of the Brand: Obligations regarding maintenance and protection of the brand before and after transfer

9. Further Assurance: Obligations to execute additional documents and take necessary steps to perfect the transfer

10. Confidentiality: Provisions regarding confidential information and announcements

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Transition Services: Used when the transferor needs to provide support services during a transition period

2. License Back: Include when the transferor needs to continue using the brand in certain territories or for certain products

3. Employee Transfer: Required when brand management team members are being transferred with the brand

4. Tax Provisions: Detailed tax arrangements when the transfer has significant tax implications

5. Anti-Competition: Non-compete provisions when required to protect the value of the transferred brand

6. Social Media and Digital Assets: Specific provisions for transfer of digital presence when the brand has significant online presence

7. Quality Control: Include when ongoing quality standards need to be maintained post-transfer

Suggested Schedules

1. Brand Assets Schedule: Comprehensive list of all trademarks, logos, and other brand elements being transferred

2. Registered IP Rights: Details of all registered trademarks and other IP rights including registration numbers and jurisdictions

3. Unregistered Rights: List of unregistered trademarks, copyright and other unregistered IP being transferred

4. Existing Agreements: List of licensing agreements, co-existence agreements and other contracts relating to the brand

5. Transfer Documents: Forms and documents required for recording the transfer at trademark offices

6. Brand Guidelines: Technical specifications and usage guidelines for the brand

7. Historical Information: Documentation of brand history, heritage and key brand values

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































Clauses
































Relevant Industries

Consumer Goods

Retail

Fashion and Luxury

Food and Beverage

Technology

Pharmaceuticals

Media and Entertainment

Automotive

Financial Services

Telecommunications

Professional Services

Manufacturing

Hospitality

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Corporate Development

Mergers & Acquisitions

Commercial

Finance

Corporate Communications

Digital Assets

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Head of Intellectual Property

Brand Manager

Trademark Attorney

Legal Counsel

Commercial Director

Chief Marketing Officer

Head of Brand Strategy

Mergers & Acquisitions Director

Corporate Development Manager

Intellectual Property Manager

Brand Protection Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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