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Trade Mark Licence Agreement
"I need a Trade Mark Licence Agreement under Swiss law for licensing my luxury watch brand trademark to a domestic manufacturer, with quality control provisions and a five-year term starting January 2025."
1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement, details of trademark ownership and registration, and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.
4. Grant of License: Scope of the license, whether exclusive or non-exclusive, territory covered, and permitted uses
5. License Fees and Payment Terms: Financial terms including royalties, minimum payments, payment schedule, and reporting requirements
6. Quality Control: Standards for use of the trademark, approval processes for licensed products/services, and inspection rights
7. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement actions
8. Representations and Warranties: Parties' warranties, particularly regarding trademark ownership and validity
9. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination
10. Post-Termination Obligations: Obligations after agreement ends, including cessation of use and disposal of remaining stock
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
3. Competition Law Compliance: Include when license terms might raise competition law concerns
4. Corporate Social Responsibility: Include when brand values and ethical standards are particularly important
5. Export Control: Include when licensed products are subject to export regulations
6. Internet and Social Media Usage: Include when digital use of the trademark needs specific regulation
7. Product Liability and Insurance: Include when physical products are being manufactured under the license
1. Schedule 1 - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Specification of products or services covered by the license
3. Schedule 3 - Quality Standards: Detailed quality control specifications and procedures
4. Schedule 4 - Brand Guidelines: Visual guidelines for trademark usage including size, colors, and positioning
5. Schedule 5 - Territory: Detailed definition of geographic territories covered by the license
6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and examples
7. Appendix A - Approval Procedures: Step-by-step procedures for obtaining approval for new products or marketing materials
Authors
Luxury Goods
Pharmaceuticals
Food and Beverages
Consumer Products
Fashion and Apparel
Technology and Software
Manufacturing
Retail
Franchising
Entertainment and Media
Cosmetics and Personal Care
Sports and Leisure
Automotive
Hospitality
Legal
Intellectual Property
Brand Management
Commercial
Compliance
Marketing
Business Development
Quality Assurance
Corporate Affairs
Product Development
Legal Counsel
Intellectual Property Manager
Brand Protection Officer
Licensing Director
Commercial Director
Chief Legal Officer
Brand Manager
Business Development Manager
Compliance Officer
Contract Manager
Quality Assurance Director
Chief Marketing Officer
Trademark Attorney
General Counsel
IP Portfolio Manager
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