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Exclusive Trademark License
"I need an Exclusive Trademark License agreement for my luxury fashion brand, granting exclusive rights to a Hong Kong-based licensee to manufacture and sell products under our marks throughout Southeast Asia, with strict quality control provisions and minimum annual sales requirements."
1. Parties: Identification of the licensor and licensee with full legal names and registered addresses
2. Background: Context of the agreement, including details of trademark ownership and registration
3. Definitions: Definitions of key terms used throughout the agreement, including Licensed Marks, Territory, and Licensed Products
4. Grant of License: Scope of the exclusive license, including territory, field of use, and confirmation of exclusivity
5. Term and Renewal: Duration of the license agreement and conditions for renewal
6. Quality Control: Requirements for maintaining quality standards of licensed products and licensor's right to inspect
7. Royalties and Payment Terms: Financial terms including royalty rates, payment schedules, and reporting requirements
8. Protection and Enforcement: Obligations regarding trademark protection, infringement actions, and cooperation in enforcement
9. Representations and Warranties: Parties' representations regarding trademark ownership, right to license, and other key assurances
10. Confidentiality: Obligations regarding confidential information shared during the license relationship
11. Termination: Grounds for termination, termination process, and post-termination obligations
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees
3. Manufacturing Specifications: Include when licensed products require specific manufacturing standards or processes
4. Marketing and Promotion: Include when specific marketing obligations or restrictions are required
5. Right of First Refusal: Include when granting licensee priority rights for additional territories or products
6. Corporate Social Responsibility: Include when requiring specific ethical or sustainability standards
7. Anti-corruption Compliance: Include when dealing with international trade or government contracts
8. Data Protection: Include when personal data processing is involved in the licensed activities
1. Schedule 1 - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license
3. Schedule 3 - Territory: Detailed definition of geographic territories covered by the license
4. Schedule 4 - Quality Control Standards: Specific quality control requirements and procedures
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties
6. Schedule 6 - Approved Form of Trademark Notice: Specified format for trademark usage and attribution
7. Appendix A - Brand Guidelines: Visual guidelines for trademark usage and brand representation
8. Appendix B - Reporting Templates: Standard forms for sales reports and royalty calculations
Authors
Retail
Consumer Goods
Fashion and Luxury
Electronics
Food and Beverage
Pharmaceuticals
Cosmetics
Automotive
Entertainment
Sports and Athletics
Technology
Manufacturing
Legal
Intellectual Property
Commercial
Business Development
Quality Assurance
Brand Management
Compliance
Marketing
Finance
Operations
Chief Legal Officer
Intellectual Property Counsel
Commercial Director
Brand Manager
Licensing Manager
Contract Manager
Chief Commercial Officer
Business Development Director
Quality Assurance Manager
Trademark Attorney
General Counsel
Head of Intellectual Property
Commercial Contracts Manager
Chief Executive Officer
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