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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."
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
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
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
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
Legal
Intellectual Property
Commercial
Brand Management
Marketing
Business Development
Compliance
Corporate Affairs
Product Development
International Operations
Licensing
Brand Protection
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
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