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Consent To Use Trademark
"I need a Consent To Use Trademark agreement for my clothing manufacturing company to use a registered sports brand's logo on our athletic wear products in South Africa, with quality control requirements and a three-year term starting January 2025."
1. Parties: Identification of the trademark owner (Licensor) and the party seeking to use the trademark (Licensee), including full legal names and registered addresses
2. Background: Context of the agreement, including details of trademark ownership and registration, and the purpose for which consent is being sought
3. Definitions: Clear definitions of key terms used in the agreement, including 'Trademark', 'Territory', 'Term', and 'Permitted Use'
4. Grant of Consent: Express permission to use the trademark, specifying the exact nature and scope of permitted use
5. Terms of Use: Specific conditions under which the trademark may be used, including any restrictions and requirements
6. Quality Control: Standards that must be maintained in connection with the use of the trademark
7. Duration and Termination: Period of consent and circumstances under which the agreement may be terminated
8. Representations and Warranties: Statements by both parties regarding their authority, trademark ownership, and other relevant matters
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions
1. Fees: Include when there is a payment requirement for the trademark usage
2. International Usage: Required when trademark usage extends beyond South Africa
3. Sub-licensing Rights: Include if the licensee is permitted to sub-license the trademark to others
4. Marketing and Promotion: Specific terms for how the trademark may be used in marketing materials
5. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration provisions
6. Insurance Requirements: Include when specific insurance coverage is required for trademark usage
7. Compliance with Industry Standards: Required when trademark usage must comply with specific industry regulations or standards
1. Schedule A - Trademark Specifications: Detailed description of the trademark(s), including registration numbers and visual representations
2. Schedule B - Approved Usage Guidelines: Specific guidelines for how the trademark must be displayed, including size, color, and positioning requirements
3. Schedule C - Quality Control Standards: Detailed quality control requirements and inspection procedures
4. Schedule D - Approved Products/Services: List of specific products or services for which the trademark usage is permitted
5. Appendix 1 - Sample Approval Form: Template for seeking approval for specific uses of the trademark
Authors
Retail
Manufacturing
Technology
Entertainment
Fashion
Food and Beverage
Pharmaceuticals
Consumer Goods
Professional Services
Media and Broadcasting
Sports and Recreation
Education
Hospitality
E-commerce
Automotive
Legal
Intellectual Property
Brand Management
Marketing
Business Development
Compliance
Corporate Affairs
Commercial Operations
Risk Management
Partnership Management
Legal Counsel
Intellectual Property Manager
Brand Manager
Licensing Director
Commercial Director
Marketing Manager
Business Development Manager
Compliance Officer
Contract Manager
Corporate Attorney
Trademark Attorney
General Counsel
Chief Legal Officer
Brand Protection Manager
Partnership Manager
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