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Trade Mark Licence Agreement Template for Denmark

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Trade Mark Licence Agreement

Document background
The Trade Mark Licence Agreement is essential for businesses seeking to monetize their trademark rights or expand their brand presence through controlled third-party usage. This document, governed by Danish law and compliant with EU regulations, is typically used when a trademark owner wishes to permit another entity to use their trademark(s) in specific territories or for particular products/services. It includes detailed provisions for quality control, royalty payments, and trademark protection, ensuring the licensor maintains control over their intellectual property while allowing the licensee to benefit commercially from the trademark's use. The agreement is particularly crucial in maintaining brand integrity while facilitating business expansion through licensing arrangements.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, description of the trademark owner's rights, and purpose of the license

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, including territory, exclusivity/non-exclusivity, and permitted uses

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

6. Royalties and Payments: Financial terms, including royalty rates, payment schedules, and reporting requirements

7. Quality Control: Standards for use of the trademark, approval processes, and quality maintenance requirements

8. Protection and Infringement: Obligations regarding trademark protection, handling of infringement, and cooperation in enforcement

9. Representations and Warranties: Statements regarding trademark ownership, right to license, and other key assurances

10. Confidentiality: Provisions for protecting confidential information exchanged during the agreement

11. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures

Optional Sections

1. Sub-licensing Rights: Include when the licensee is permitted to grant sub-licenses to third parties

2. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

4. Right of First Refusal: Include when giving the licensee priority rights for additional territories or products

5. Post-Termination Obligations: Include when specific post-termination requirements need to be detailed

6. Insurance Requirements: Include when specific insurance coverage is required from the licensee

7. Export Control: Include when licensed products are subject to export regulations

8. Corporate Social Responsibility: Include when specific CSR standards need to be maintained

Suggested Schedules

1. Schedule 1 - Licensed Marks: Detailed list and images of all trademarks covered by the agreement, including registration numbers

2. Schedule 2 - Licensed Products: Comprehensive list of products/services for which the trademark can be used

3. Schedule 3 - Territory: Detailed definition of geographic territories where license is valid

4. Schedule 4 - Quality Control Standards: Specific quality standards, testing requirements, and approval procedures

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties, including any variable rates

6. Schedule 6 - Brand Guidelines: Specific requirements for trademark usage, including size, colors, and positioning

7. Schedule 7 - Approved Manufacturers: List of approved manufacturers or suppliers (if applicable)

8. Schedule 8 - Reporting Templates: Standard forms for sales reports and royalty calculations

Authors

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Relevant Industries
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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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