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Trademark Usage Agreement

Trademark Usage Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trademark Usage Agreement

"I need a Trademark Usage Agreement for my Swiss luxury watch brand, granting non-exclusive rights to a distributor in Japan for a 3-year term starting January 2025, with strict quality control provisions and quarterly royalty payments."

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Document background
The Trademark Usage Agreement is a critical legal instrument used when a trademark owner wishes to permit another party to use their registered trademark(s) while maintaining control over their intellectual property. This agreement type is particularly relevant in the Swiss commercial landscape, where intellectual property protection is robust and well-defined. The document outlines specific terms for trademark usage, including territorial scope, quality standards, royalty payments, and compliance requirements under Swiss law. It's essential for business arrangements involving brand licensing, franchising, or strategic partnerships, providing clear guidelines and protections for both parties. The agreement must comply with Swiss federal legislation, particularly the Federal Act on the Protection of Trademarks and the Swiss Code of Obligations, while also considering international trademark protocols where applicable.
Suggested Sections

1. Parties: Identification and details of the trademark owner (licensor) and the party granted usage rights (licensee)

2. Background: Context of the agreement, including trademark ownership details and purpose of the usage arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific trademark-related terminology

4. Grant of Rights: Specific details of the trademark usage rights being granted, including scope, territory, and exclusivity/non-exclusivity

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

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

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

8. Fees and Payment: Financial terms including royalties, payment schedules, and reporting requirements

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

10. Infringement: Procedures for dealing with third-party infringement and protection of trademark rights

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

12. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

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

2. E-commerce Usage: Include for digital/online usage of the trademark, specifying domain names and online presence requirements

3. Co-branding Provisions: Include when the trademark will be used alongside other brands

4. Marketing and Promotion: Include detailed marketing requirements and restrictions when specific promotional activities are expected

5. Territory-Specific Requirements: Include when usage spans multiple jurisdictions with different requirements

6. Change of Control: Include provisions dealing with ownership changes of either party

7. Insurance Requirements: Include when specific insurance coverage is required for trademark usage

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed description and visual representations of the trademark(s), including registration numbers

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

3. Schedule C - Quality Control Standards: Detailed quality control requirements and inspection procedures

4. Schedule D - Usage Guidelines Manual: Comprehensive visual and technical guidelines for trademark usage

5. Schedule E - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

6. Schedule F - Approved Territory: Specific geographical areas where trademark usage is permitted

7. Appendix 1 - Approval Process: Step-by-step process for obtaining approval for new uses of the trademark

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Manufacturing

Entertainment

Sports and Recreation

E-commerce

Media and Publishing

Franchise Operations

Professional Services

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Compliance

Marketing

International Trade

Corporate Affairs

Licensing

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Licensing Director

Commercial Director

Chief Legal Officer

Trademark Attorney

Contract Manager

Business Development Manager

Chief Executive Officer

Chief Commercial Officer

Franchise Manager

Corporate Counsel

IP Rights 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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