The License To Use Trademark agreement is essential for businesses seeking to legally use another entity's trademark in the Philippines. This document is particularly relevant when companies want to expand their market presence through brand licensing, franchise operations, or strategic partnerships. The agreement must comply with the Intellectual Property Code of the Philippines and IPOPHL regulations, making it crucial for protecting intellectual property rights while facilitating business growth. It typically includes detailed provisions for trademark usage, quality control, territorial limits, and financial terms. The document is commonly used in various commercial contexts, from retail franchising to manufacturing licensing, and requires careful consideration of both Philippine intellectual property law and commercial practices.
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1. Parties: Identification of the Licensor and Licensee with complete legal names and addresses
2. Background: Context of the agreement, details of trademark ownership and registration, and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. Term and Renewal: Duration of the license and conditions for renewal
6. Quality Control: Standards for trademark usage and Licensor's right to inspect and approve use
7. Royalties and Payments: Financial terms, payment schedules, and calculation methods
8. Trademark Ownership and Protection: Confirmation of Licensor's ownership and obligations regarding trademark protection
9. Licensee Obligations: Specific duties and responsibilities of the Licensee
10. Representations and Warranties: Parties' assertions regarding authority, ownership, and validity
11. Termination: Grounds for termination and post-termination obligations
12. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for disputes
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Sub-licensing Rights: Include when Licensee is permitted to grant sub-licenses
2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
3. Minimum Performance Requirements: Include when setting specific sales or performance targets
4. Export Restrictions: Include when there are limitations on international trade
5. Insurance Requirements: Include when specific insurance coverage is required
6. Change of Control: Include when agreement needs to address ownership changes
7. Competition Restrictions: Include when there are non-compete or territorial restrictions
8. Digital Usage Terms: Include when trademark will be used in digital media or online platforms
1. Schedule A - Licensed Trademarks: Detailed list of trademarks covered, including registration numbers and classes
2. Schedule B - Licensed Products/Services: Comprehensive list of products or services covered by the license
3. Schedule C - Quality Standards: Detailed quality control specifications and requirements
4. Schedule D - Royalty Calculations: Detailed methodology for calculating royalties
5. Schedule E - Territory Definition: Detailed description of geographic territories covered
6. Appendix 1 - Brand Guidelines: Visual guidelines for trademark usage
7. Appendix 2 - Approval Procedures: Procedures for obtaining Licensor approval for trademark use
8. Appendix 3 - Reporting Templates: Standard forms for required periodic reports
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Pharmaceuticals
Franchising
Entertainment
Sports and Recreation
Hospitality
Education
Professional Services
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Brand Management
Business Development
Commercial
Compliance
Marketing
Operations
Finance
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Licensing Director
Business Development Manager
Commercial Director
Franchise Manager
Corporate Lawyer
Compliance Officer
CEO
Managing Director
Operations Manager
Marketing Director
Chief Legal Officer
Contract Administrator
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