The Trade Mark Licence Agreement is a crucial legal instrument used when a trademark owner wishes to permit another entity to use their trademark(s) while maintaining control over their intellectual property. This agreement is particularly relevant in the Indian market, where it must comply with the Trade Marks Act, 1999, and other relevant Indian legislation. It's commonly used in various commercial arrangements including franchising, manufacturing, distribution, and brand collaborations. The agreement typically includes detailed provisions about trademark usage, quality control measures, territorial restrictions, royalty payments, and termination rights. It's essential for businesses expanding their brand presence through licensing while ensuring proper protection of their intellectual property rights under Indian law.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, details of trademark ownership and registration, and purpose of the licensing arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity status, and permitted uses of the trademark
5. Term and Renewal: Duration of the license and conditions for renewal
6. License Fees and Royalties: Financial terms including licensing fees, royalty rates, payment schedules, and audit rights
7. Quality Control: Standards for trademark usage, approval processes, and quality maintenance requirements
8. Protection of the Trade Mark: Obligations regarding trademark protection, infringement reporting, and enforcement
9. Representations and Warranties: Statements of fact and guarantees by both parties
10. Obligations of the Parties: Specific duties and responsibilities of both licensor and licensee
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 jurisdiction for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be outlined
3. Non-Competition: Include when restricting licensee's involvement with competing brands
4. Insurance: Include when specific insurance requirements are needed for trademark usage
5. Export Restrictions: Include when there are territorial restrictions on export of branded products
6. Technology Transfer: Include when technical knowledge or know-how is being transferred along with trademark rights
7. Corporate Social Responsibility: Include when specific CSR obligations are attached to trademark usage
8. Force Majeure: Include when specific force majeure provisions are required beyond standard clauses
1. Schedule 1 - Licensed Trade Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Territory: Detailed description of geographical territories where license is valid
3. Schedule 3 - Quality Control Standards: Specific quality standards and specifications for trademark usage
4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements
5. Schedule 5 - Approved Products/Services: List of products or services approved for trademark usage
6. Schedule 6 - Brand Guidelines: Specific guidelines for trademark display and usage
7. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks
8. Appendix B - Approval Procedures: Detailed procedures for obtaining approval for trademark usage
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Luxury
Food and Beverage
Technology
Pharmaceuticals
Automotive
Entertainment
Sports
Manufacturing
Franchising
E-commerce
Media and Publishing
Telecommunications
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Brand Management
Business Development
Marketing
Compliance
Finance
Operations
Risk Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Legal Officer
Trademark Attorney
Contract Manager
Compliance Officer
Chief Executive Officer
Chief Commercial Officer
Franchise Manager
Marketing Director
Risk Manager
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