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Royalty Agreement For Use Of Trademark
"I need a Royalty Agreement For Use Of Trademark for my retail fashion brand expansion in India, where I'll be licensing my registered trademark to 50 franchisees across different states, with a 5% royalty on gross sales and strict quality control requirements to be implemented by March 2025."
1. Parties: Identification and details of the trademark owner (licensor) and the party seeking to use the trademark (licensee)
2. Background: Context of the agreement, including details of trademark ownership and registration, and the licensee's intended use
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Royalty', 'Net Sales', etc.
4. Grant of License: Scope of trademark usage rights granted, including any territorial or product-specific limitations
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Royalty Payments: Payment terms, calculation methodology, payment frequency, and reporting requirements
7. Quality Control: Standards and requirements for maintaining trademark quality and brand reputation
8. Audit Rights: Licensor's rights to audit licensee's books and records related to royalty calculations
9. Intellectual Property Protection: Obligations regarding trademark protection, infringement reporting, and enforcement
10. Representations and Warranties: Standard warranties regarding trademark ownership, right to license, and product quality
11. Termination: Grounds for termination, notice requirements, and post-termination obligations
12. Confidentiality: Protection of confidential information exchanged during the agreement
13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, assignment, amendment, and severability
1. Minimum Performance Requirements: Minimum sales or revenue targets the licensee must achieve, used when licensor wants to ensure commercial exploitation
2. Sub-licensing Rights: Terms regarding the licensee's ability to sub-license the trademark, included when sub-licensing is permitted
3. Marketing and Promotion: Specific requirements for marketing the branded products, included when brand consistency is crucial
4. Territory Restrictions: Detailed territorial limitations and exclusivity provisions, used for geographically restricted licenses
5. Non-Compete Provisions: Restrictions on licensee's ability to deal with competing brands, included for exclusive arrangements
6. Insurance Requirements: Specific insurance coverage requirements, included for high-risk products or services
7. Export Restrictions: Limitations on export of licensed products, included for territorially restricted licenses
8. Change of Control: Provisions dealing with change in ownership of either party, important for strategic relationships
1. Schedule 1 - Licensed Trademarks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered under the license
3. Schedule 3 - Territory: Detailed description of geographical areas where the license is valid
4. Schedule 4 - Royalty Calculation Method: Detailed methodology for calculating royalties, including examples
5. Schedule 5 - Quality Control Standards: Specific quality standards and specifications for licensed products
6. Schedule 6 - Approved Forms of Trademark Use: Examples and guidelines for acceptable trademark usage
7. Appendix A - Reporting Templates: Standard forms for sales reports and royalty calculations
8. Appendix B - Brand Guidelines: Detailed brand usage guidelines and specifications
Authors
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Pharmaceuticals
Automotive
Entertainment
Sports
Hospitality
Electronics
Media
Manufacturing
Luxury Goods
Franchising
Legal
Intellectual Property
Brand Management
Commercial
Finance
Compliance
Business Development
Licensing
Corporate Affairs
Risk Management
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Legal Officer
Contract Manager
Finance Director
Compliance Officer
Trademark Attorney
Chief Executive Officer
Chief Financial Officer
Brand Protection Manager
Franchise Manager
Find the exact document you need
Permission To Use Trademark Agreement
An Indian law-governed agreement allowing controlled use of trademarks by permitted users, structured under the Trade Marks Act, 1999.
Royalty Agreement For Use Of Trademark
An Indian law-governed agreement establishing terms for trademark usage rights in exchange for royalty payments, under the Trade Marks Act, 1999.
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