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Trademark Use Agreement Template for Denmark

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Trademark Use Agreement

Document background
The Trademark Use Agreement is essential for businesses seeking to monetize their intellectual property or expand their brand presence through controlled licensing arrangements. This document becomes necessary when a trademark owner wishes to permit another entity to use their trademark(s) while maintaining control over their brand identity. Under Danish law, which incorporates both national legislation and EU trademark regulations, the agreement must address specific requirements for trademark protection and quality control. The document typically includes detailed provisions about usage rights, territorial restrictions, quality standards, and payment terms. It's particularly important in commercial relationships involving franchising, merchandising, or brand collaborations, where proper trademark use is crucial for maintaining brand value and legal protection. The agreement helps prevent trademark dilution and unauthorized use while establishing clear guidelines for permitted usage and the consequences of non-compliance.
Suggested Sections

1. Parties: Identification of the trademark owner (licensor) and the party being granted use rights (licensee), including full legal names and addresses

2. Background: Context of the agreement, including brief description of the trademark(s) and the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', and 'Quality Standards'

4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), territory, and permitted uses

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

6. Quality Control: Requirements for maintaining trademark quality, approval processes for use, and inspection rights

7. Usage Guidelines: Specific rules and requirements for how the trademark(s) may be used, including format, size, placement, and contexts

8. Payment Terms: License fees, royalties, payment schedule, and reporting requirements

9. Protection of the Marks: Obligations regarding trademark protection, infringement reporting, and cooperation in enforcement

10. Representations and Warranties: Basic warranties regarding trademark ownership, right to license, and non-infringement

11. Indemnification: Mutual obligations to protect against claims and losses

12. General Terms: Standard contractual provisions including notices, assignment, entire agreement, and governing law

Optional Sections

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

2. Social Media Usage: Include for agreements where social media presence is significant part of trademark usage

3. Co-branding Provisions: Include when the agreement permits use of the trademark alongside other brands

4. Export Control: Include when licensed products may be subject to export restrictions

5. Marketing and Promotion: Include detailed marketing requirements when specific promotional obligations exist

6. Minimum Sales Requirements: Include when license is contingent on achieving specific sales targets

7. Change of Control: Include specific provisions for what happens if either party undergoes ownership changes

Suggested Schedules

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

2. Schedule B - Licensed Products/Services: Comprehensive list of products or services for which the trademark may be used

3. Schedule C - Quality Standards: Detailed quality control requirements and specifications

4. Schedule D - Usage Guidelines: Visual guidelines and technical specifications for trademark usage

5. Schedule E - Territory: Detailed description of geographic territories where license applies

6. Schedule F - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

7. Appendix 1 - Approval Process: Step-by-step process for obtaining approval for new uses of the trademark

Authors

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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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