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License Agreement For Use Of Brand Name for Germany

License Agreement For Use Of Brand Name Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions under which a brand owner (licensor) grants permission to another party (licensee) to use their brand name, trademarks, and associated intellectual property. The agreement complies with German trademark law (Markengesetz), the German Civil Code (BGB), and relevant EU regulations. It details the scope of permitted use, territory, duration, quality control requirements, financial terms, and protection measures for the licensed brand.

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What is a License Agreement For Use Of Brand Name?

The License Agreement For Use Of Brand Name is essential when a company wishes to authorize another entity to use its brand assets while maintaining control over their application. This agreement type is particularly relevant in the German market, where strict trademark protection laws and detailed commercial regulations govern brand licensing relationships. The document encompasses critical elements required under German law, including precise definition of licensed marks, quality control mechanisms, and compliance with EU regulations. It is commonly used in franchise arrangements, international brand expansions, and strategic partnerships where brand value must be protected while enabling commercial exploitation.

What sections should be included in a License Agreement For Use Of Brand Name?

1. Parties: Identification and details of the licensor and licensee, including registered addresses and company registration numbers

2. Background: Context of the agreement, confirmation of trademark ownership, and parties' intentions

3. Definitions: Defined terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products/Services'

4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses

5. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

6. License Fees and Payment Terms: Financial terms, including royalty rates, minimum payments, and payment schedules

7. Quality Control: Standards for brand usage, approval processes, and quality maintenance requirements

8. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement

9. Warranties and Representations: Parties' warranties, particularly regarding trademark ownership and right to license

10. Confidentiality: Protection of confidential information exchanged during the agreement

11. Assignment and Sub-Licensing: Rights and restrictions regarding transfer of license rights

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a License Agreement For Use Of Brand Name?

1. Marketing and Promotion: Specific requirements for marketing activities and brand promotion, used when licensee has marketing responsibilities

2. Minimum Sales Requirements: Performance targets and consequences of non-achievement, included for performance-based licenses

3. Supply Chain Requirements: Manufacturing and distribution specifications, relevant for product-related licenses

4. Corporate Social Responsibility: ESG requirements and compliance standards, important for brands with strong social values

5. Data Protection: GDPR compliance provisions, required when personal data processing is involved

6. Insurance: Insurance requirements and coverage specifications, important for high-value brands

7. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term licenses

What schedules should be included in a License Agreement For Use Of Brand Name?

1. Schedule 1 - Licensed Marks: Detailed listing and images of all licensed trademarks, including registration numbers

2. Schedule 2 - Licensed Products/Services: Comprehensive list of products/services covered by the license

3. Schedule 3 - Brand Guidelines: Detailed brand usage guidelines, including logos, colors, and positioning

4. Schedule 4 - Quality Control Procedures: Specific procedures for quality approval and monitoring

5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees, royalty calculations, and payment terms

6. Schedule 6 - Approved Territory: Detailed description or map of licensed territories

7. Appendix A - Approval Process: Step-by-step process for obtaining licensor approval for brand usage

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Use Agreement

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Entertainment

Sports

Automotive

Pharmaceuticals

Manufacturing

Franchising

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Business Development

Commercial

Compliance

Corporate Affairs

Licensing

Relevant Roles

Legal Counsel

Brand Manager

Intellectual Property Director

Commercial Director

Licensing Manager

Business Development Manager

Chief Marketing Officer

Trademark Attorney

Compliance Officer

Contract Manager

Chief Legal Officer

Head of Franchising

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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