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Exclusive Trademark License Agreement

Exclusive Trademark License Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Trademark License Agreement

"I need an Exclusive Trademark License Agreement for my software company to license our registered trademarks to a distributor in India, with a 5-year term starting January 2025 and including strict quality control provisions for software products and related services."

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Document background
The Exclusive Trademark License Agreement is a crucial document used when a trademark owner (licensor) wishes to grant exclusive rights to another party (licensee) to use their registered trademarks in India. This agreement is particularly important in commercial relationships where brand protection and market exclusivity are essential. Governed by Indian law, particularly the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, the agreement covers critical aspects such as license scope, territory restrictions, quality control measures, royalty structures, and enforcement rights. It's commonly used in business expansions, brand licensing, and market entry strategies where maintaining brand integrity while maximizing commercial value is paramount. The document provides comprehensive protection for both parties while ensuring compliance with Indian intellectual property and contract law.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses

2. Background: Context of the agreement, including details of trademark ownership and business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the exclusive license, territories covered, and permitted uses of the trademark

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

6. License Fees and Royalties: Financial terms including upfront fees, ongoing royalties, and payment terms

7. Quality Control: Standards for trademark usage and Licensor's right to monitor and control quality

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

9. Representations and Warranties: Parties' assertions regarding trademark ownership, authority to contract, and other material facts

10. Confidentiality: Obligations regarding confidential information shared between parties

11. Termination: Grounds for termination, termination process, and post-termination obligations

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

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

2. Minimum Performance Requirements: Include when setting specific sales targets or market penetration requirements

3. Export Restrictions: Include when limiting export of trademarked products to specific territories

4. Marketing and Promotion: Include when specifying mandatory marketing activities or cooperative advertising

5. Technology Transfer: Include when licensing includes associated technical knowledge or trade secrets

6. Insurance Requirements: Include when requiring specific insurance coverage for licensed activities

7. Competition Restrictions: Include when imposing non-compete or territorial restrictions

Suggested Schedules

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

2. Schedule B - Licensed Territory: Detailed description of geographical territories covered by the license

3. Schedule C - Licensed Products/Services: Comprehensive list of products/services covered under the license

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

5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

6. Appendix 1 - Trademark Usage Guidelines: Specific guidelines for proper trademark usage and brand standards

7. Appendix 2 - Approval Procedures: Procedures for obtaining Licensor approval for trademark usage

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




































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Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Pharmaceuticals

Automotive

Entertainment

Sports and Recreation

Franchising

Manufacturing

Luxury Goods

Media and Broadcasting

Software and IT

Healthcare

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Compliance

Corporate Affairs

Licensing

Product Development

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Licensing Manager

Brand Manager

Commercial Director

Business Development Manager

Legal Counsel

Trademark Attorney

Compliance Officer

Chief Executive Officer

Contract Manager

Marketing Director

Chief Commercial Officer

Franchise Manager

Corporate Counsel

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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