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Trademark Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trademark Agreement

"I need a Trademark Agreement for licensing my registered fashion brand trademark to a Hong Kong-based manufacturer, with exclusive rights for producing clothing and accessories in Hong Kong and Macau, starting from March 2025."

Document background
The Trademark Agreement serves as a crucial legal instrument for businesses operating in Hong Kong's dynamic commercial environment, enabling trademark owners to monetize their intellectual property while maintaining brand integrity. This document is essential when a trademark owner wishes to grant another party the right to use their registered marks, whether for manufacturing, distribution, or other commercial purposes. The agreement must comply with Hong Kong's Trade Marks Ordinance (Cap. 559) and related regulations, which provide robust protection for intellectual property rights. It typically includes detailed provisions for quality control, payment terms, territorial restrictions, and enforcement mechanisms, reflecting Hong Kong's sophisticated commercial law framework and its position as a major international business hub. The document is particularly relevant for cross-border transactions, given Hong Kong's role as a gateway to mainland China and other Asian markets.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement (trademark owner/licensor and licensee), including full legal names and registered addresses

2. Background: Context of the agreement, including details of trademark ownership and registration, and the parties' intentions

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

4. Grant of Rights: Scope of the license granted, whether exclusive or non-exclusive, and permitted uses of the trademark

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Quality Control: Standards and specifications for using the trademark, approval processes, and quality maintenance requirements

7. Royalties and Payments: Financial terms, including licensing fees, royalty rates, payment schedules, and reporting requirements

8. Protection and Enforcement: Obligations regarding trademark protection, infringement actions, and cooperation in enforcement

9. Representations and Warranties: Parties' representations regarding trademark ownership, authority to enter agreement, and other assurances

10. Termination: Grounds for termination, termination procedures, and post-termination obligations

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

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

Optional Sections

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

2. Territory Restrictions: Include when the license is limited to specific geographic regions

3. Marketing and Promotion: Include when specific requirements for marketing and promoting licensed products are needed

4. Registration Rights: Include when licensee has rights to register the trademark in certain territories

5. Competition Compliance: Include when agreement needs specific provisions to comply with competition laws

6. Change of Control: Include when agreement needs provisions for corporate restructuring or ownership changes

7. Product Development: Include when licensee will develop new products under the trademark

8. Cross-Border Provisions: Include when trademark use extends to mainland China or other jurisdictions

Suggested Schedules

1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks, including registration numbers and classes

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

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

4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties and examples

5. Schedule 5 - Approved Form of Trademark Use: Visual guidelines and approved formats for trademark usage

6. Schedule 6 - Territory Definition: Detailed description of geographic territories covered by the license

7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks

8. Appendix B - Approval Procedures: Step-by-step procedures for obtaining licensor approval for trademark use

Authors

Alex Denne

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

Relevant legal definitions





































Clauses































Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Technology

Manufacturing

Pharmaceuticals

Food and Beverage

Entertainment

Media

Sports

Automotive

Electronics

Cosmetics

Hospitality

E-commerce

Software and IT

Professional Services

Healthcare

Education

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Marketing

Business Development

Compliance

Corporate Affairs

Product Development

International Operations

Licensing

Brand Protection

Relevant Roles

Intellectual Property Counsel

Brand Manager

Legal Director

Commercial Director

Licensing Manager

Chief Legal Officer

Chief Executive Officer

Head of Intellectual Property

General Counsel

Commercial Lawyer

Trademark Attorney

Business Development Manager

Contract Manager

Compliance Officer

Marketing Director

Chief Commercial Officer

Brand Protection Manager

Franchise Manager

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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