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Trademark Use Agreement

Trademark Use Agreement Template for India

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Key Requirements PROMPT example:

Trademark Use Agreement

"I need a Trademark Use Agreement for granting my company's registered clothing brand trademark to a manufacturer in Mumbai for producing and distributing branded apparel across India, with a 5-year term starting March 2025 and quarterly royalty payments based on net sales."

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Document background
The Trademark Use Agreement serves as a critical legal instrument for businesses seeking to monetize their trademark assets or expand their brand presence through controlled third-party usage. This agreement, governed by Indian law and particularly the Trade Marks Act, 1999, is essential when a trademark owner wishes to grant another party the right to use their trademark while maintaining control over their intellectual property. It's commonly used in franchise arrangements, manufacturing partnerships, merchandising deals, and brand collaborations. The document comprehensively addresses trademark usage parameters, quality control measures, financial arrangements, and compliance requirements, while incorporating necessary protections for both parties. It's particularly important in the Indian context where trademark protection and brand value preservation must be balanced with business growth opportunities.
Suggested Sections

1. Parties: Identification and details of the trademark owner (licensor) and the party authorized to use the trademark (licensee)

2. Background: Context of the agreement, details of trademark ownership and registration, and purpose of the trademark use arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including the specific trademarks covered

4. Grant of Rights: Scope and nature of trademark usage rights being granted, including any territorial or product-specific limitations

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

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

7. Usage Guidelines: Specific rules and requirements for how the trademark must be displayed, used, and attributed

8. Fees and Royalties: Financial terms, payment schedules, and calculation methods for trademark usage fees

9. Representations and Warranties: Statements of fact and guarantees by both parties regarding trademark rights and usage

10. Indemnification: Obligations to protect against and compensate for losses arising from trademark usage

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

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

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

Optional Sections

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

2. International Usage: Include when trademark usage extends beyond India, addressing international registration and compliance

3. Marketing and Promotion: Include when specific marketing obligations or restrictions need to be detailed

4. E-commerce Usage: Include when trademark will be used in online platforms and digital commerce

5. Crisis Management: Include when specific procedures for handling trademark infringement or reputation issues need to be addressed

6. Assignment Rights: Include when either party may need to transfer their rights under the agreement

7. Audit Rights: Include when licensor requires specific rights to audit licensee's usage and compliance

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed description of the trademarks, including registration numbers, classes, and visual representations

2. Schedule B - Approved Products/Services: List of specific products or services for which trademark usage is permitted

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

4. Schedule D - Usage Guidelines: Visual guidelines, formatting requirements, and usage specifications

5. Schedule E - Fee Structure: Detailed breakdown of fees, royalty calculations, and payment terms

6. Schedule F - Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage

7. Appendix 1 - Contact Information: List of key contacts for notices, approvals, and emergency communications

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













































Clauses


































Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Technology

Food and Beverage

Pharmaceuticals

Automotive

Entertainment

Sports

Education

Manufacturing

Franchising

E-commerce

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Marketing

Compliance

Finance

Operations

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Licensing Director

Commercial Director

Business Development Manager

Trademark Attorney

Contract Manager

Chief Legal Officer

Head of Intellectual Property

Franchise Manager

Marketing Director

Compliance Officer

Chief Commercial Officer

Partnership 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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