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Trademark Concurrent Use Agreement
"I need a Trademark Concurrent Use Agreement between my South African clothing company 'SunBurst Apparel' and an Australian company using the same mark, where we agree that they will only use the mark in Australia and New Zealand, while we retain rights in South Africa and other African countries."
1. Parties: Identification of the parties entering into the agreement, including their legal names, registration numbers, and principal places of business
2. Background: Context of the agreement, including history of the marks, existing registrations, and reason for concurrent use arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including the specific marks, territories, and products/services
4. Grant of Rights: Specific rights granted by each party regarding the concurrent use of the trademarks
5. Territorial Restrictions: Detailed specification of geographic boundaries within which each party may use their marks
6. Scope of Use: Specific products/services for which each party may use their marks
7. Quality Control: Standards and specifications for maintaining quality of products/services under the marks
8. Registration and Protection: Provisions regarding trademark registration, maintenance, and enforcement
9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
10. Dispute Resolution: Procedures for resolving disputes between the parties
11. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Royalties: Payment terms and conditions if the agreement includes financial compensation
2. Joint Marketing: Provisions for coordinated marketing efforts and brand guidelines
3. Non-Challenge Clause: Agreement not to challenge each other's trademark rights
4. Social Media Usage: Guidelines for use of marks on social media platforms
5. Export Restrictions: Additional restrictions on international trade and export of products
6. Cross-Licensing: Terms for licensing other intellectual property rights
7. Coexistence Marketing: Procedures for handling customer confusion and market education
1. Schedule A - Trademark Specifications: Detailed description of each party's trademarks, including registration numbers and images
2. Schedule B - Territory Maps: Detailed maps and descriptions of geographic territories for each party
3. Schedule C - Approved Products/Services: Complete list of products/services covered under the agreement
4. Schedule D - Quality Standards: Detailed quality control specifications and requirements
5. Schedule E - Brand Guidelines: Specific guidelines for visual representation of the marks
6. Appendix 1 - Contact Information: List of key contacts for notices and operational matters
7. Appendix 2 - Compliance Procedures: Detailed procedures for maintaining compliance with the agreement
Authors
Retail
Consumer Goods
Manufacturing
Technology
Food and Beverage
Pharmaceuticals
Fashion and Apparel
Entertainment
Media
Professional Services
Hospitality
Automotive
Legal
Intellectual Property
Marketing
Brand Management
Commercial
Business Development
Corporate Affairs
Compliance
International Operations
Chief Legal Officer
Intellectual Property Counsel
Brand Manager
Trademark Attorney
Legal Director
Commercial Director
Chief Executive Officer
Chief Marketing Officer
Intellectual Property Manager
General Counsel
Head of Legal
Licensing Manager
Business Development Director
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