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Trademark Usage Agreement Template for Singapore

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Key Requirements PROMPT example:

Trademark Usage Agreement

"I need a Trademark Usage Agreement that allows our Singapore tech company to license our software trademark to distributors across Southeast Asia, with strict quality control requirements and quarterly royalty payments based on gross revenue."

Document background
A Trademark Usage Agreement is essential when a business wants to permit another entity to use its trademark in a controlled manner. This document is particularly relevant in Singapore's business environment, where intellectual property protection is robust and trademark licensing is common in various industries. The agreement must comply with Singapore's Trade Marks Act and related regulations, covering crucial aspects such as quality control, permitted use, territorial restrictions, and financial terms. It's commonly used in franchising, merchandising, and brand expansion scenarios, providing legal protection for both the trademark owner and the user while ensuring compliance with Singapore's intellectual property framework.
Suggested Sections

1. Parties: Identification of licensor and licensee, including full legal names and addresses

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

3. Definitions: Key terms used tHRoughout the agreement including 'Licensed Mark', 'Territory', 'Licensed Products'

4. Grant of License: Scope of trademark usage rights, including territory and exclusivity status

5. Quality Control: Standards, inspection rights, and approval processes for trademark usage

6. Payment Terms: License fees, royalties, and payment schedules

7. Term and Termination: Duration of agreement and circumstances for termination

8. Protection of the Mark: Obligations regarding trademark protection and infringement

Optional Sections

1. Sub-licensing Rights: Additional rights for licensee to grant sub-licenses to third parties, typically used in master license agreements or when licensee operates tHRough subsidiaries

2. Marketing Requirements: Specific requirements for trademark usage in marketing materials and campaigns, included when specific marketing standards exist

3. Export Restrictions: Specific restrictions on export of licensed products, included when territory restrictions are critical to the agreement

4. Social Media Usage: Guidelines and requirements for trademark usage on social media platforms, included when digital presence is significant

Suggested Schedules

1. Schedule 1 - Licensed Marks: Detailed description and images of licensed trademarks

2. Schedule 2 - Licensed Products/Services: List of products or services covered by the license

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

4. Schedule 4 - Usage Guidelines: Brand guidelines and trademark usage specifications

5. Schedule 5 - Territory: Detailed description of geographic territories covered

6. Schedule 6 - Fee Schedule: Detailed breakdown of fees, royalties and payment terms

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

Relevant legal definitions






























Clauses






























Industries

Trade Marks Act (Chapter 332): Primary legislation governing trademark registration, protection, enforcement, and licensing in Singapore. Defines fundamental trademark rights and what constitutes infringement.

Trade Marks Rules: Supplementary legislation detailing procedural requirements for trademark matters and specific requirements for license recordal with authorities.

Competition Act (Chapter 50B): Legislation ensuring trademark licensing agreements do not create anti-competitive effects in the market.

Consumer Protection (Fair Trading) Act: Legislation relevant to trademark usage in consumer-facing activities and ensuring fair trading practices.

Common Law Principles: Uncodified legal principles including contract law fundamentals and the doctrine of passing off that affect trademark agreements.

Registration Status Requirements: Legal requirement to verify current registration status and validity of the trademark in Singapore.

Quality Control Provisions: Legal framework for maintaining quality standards, including inspection and monitoring rights of the trademark owner.

Usage Parameters: Legal requirements regarding permitted use cases, territorial restrictions, and product/service categories for trademark usage.

IPOS Requirements: Specific requirements from the Intellectual Property Office of Singapore regarding license recordal and compliance.

International Treaty Obligations: Singapore's obligations under international IP treaties including TRIPS Agreement and Madrid Protocol considerations.

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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