Brand Usage Agreement

Brand Usage Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Brand Usage Agreement for my luxury fashion company to allow a European marketing agency to use our brand assets for a digital marketing campaign across Switzerland and Germany, starting March 2025, with strict quality control provisions and social media usage guidelines."

Document background

The Brand Usage Agreement is essential for businesses operating in Switzerland who wish to grant or receive rights to use branded assets in a controlled and legally compliant manner. This document is particularly important given Switzerland's robust intellectual property protection framework and specific requirements under the Swiss Federal Act on the Protection of Trade Marks. The agreement typically comes into play during licensing relationships, co-branding initiatives, franchise arrangements, or when allowing subsidiaries or partners to use brand assets. It includes comprehensive provisions for brand usage guidelines, quality control measures, approval processes, and termination rights, all structured to comply with Swiss federal laws while protecting the brand owner's interests and maintaining brand integrity.

Suggested Sections

1. Parties: Identification of the brand owner and the licensed user, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the brand owner's rights and the intended usage

3. Definitions: Definitions of key terms including 'Brand', 'Territory', 'Licensed Products/Services', 'Brand Guidelines'

4. Grant of Rights: Specific rights granted for brand usage, including scope, territory, and any restrictions

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Quality Control: Requirements for maintaining brand standards and quality control procedures

7. Usage Guidelines: General rules and requirements for brand usage, referencing detailed guidelines in schedules

8. Approval Process: Process for obtaining approval for specific uses of the brand

9. Intellectual Property Protection: Provisions protecting the brand owner's IP rights and addressing infringement

10. Representations and Warranties: Standard warranties regarding ownership of brand and authority to enter agreement

11. Indemnification: Mutual indemnification provisions for breach of agreement or misuse of brand

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Co-Branding: Specific provisions for situations where the licensed brand will be used alongside other brands

2. Digital Usage: Specific provisions for digital and social media usage of the brand

3. Sublicensing Rights: Terms under which the licensee may sublicense the brand to third parties

4. Royalties: Include if there are fees associated with brand usage

5. Marketing Requirements: Specific marketing obligations or restrictions

6. Reporting Requirements: Regular reporting obligations regarding brand usage

7. Geographic Restrictions: Detailed territory restrictions and expansion options

8. Crisis Management: Procedures for handling brand-related controversies or emergencies

Suggested Schedules

1. Brand Guidelines: Detailed technical specifications for brand usage including logos, colors, typography

2. Approved Products/Services: List of specific products or services for which brand usage is permitted

3. Approval Process Flowchart: Detailed workflow for obtaining approval for brand usage

4. Territory Schedule: Detailed description of geographic territories where usage is permitted

5. Sample Approval Forms: Templates for requesting approval for brand usage

6. Quality Control Standards: Detailed quality control requirements and procedures

7. Fee Schedule: If applicable, detailed breakdown of any fees or royalties

8. Authorized Representatives: List of authorized contacts for both parties for various purposes under the agreement

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Entertainment

Sports

Financial Services

Professional Services

Manufacturing

Media and Advertising

Hospitality

Education

Healthcare

Telecommunications

Relevant Teams

Legal

Marketing

Brand Management

Business Development

Compliance

Intellectual Property

Commercial Operations

Corporate Affairs

Licensing

Brand Protection

Relevant Roles

Brand Manager

Legal Counsel

Intellectual Property Attorney

Marketing Director

Licensing Manager

Commercial Director

Business Development Manager

Compliance Officer

Corporate Counsel

Partnership Manager

Chief Marketing Officer

Brand Protection Officer

Trademark Administrator

Franchise Manager

Chief Legal Officer

Find the exact document you need

Brand Use Agreement

A Swiss law-governed agreement setting out terms for authorized brand usage, including trademark rights, usage conditions, and quality control requirements.

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Authors

Alex Denne

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