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Trademark Usage Agreement Template for Ireland

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Key Requirements PROMPT example:

Trademark Usage Agreement

"I need a Trademark Usage Agreement for licensing my food supplement brand to a distributor in Ireland, with exclusive rights for 3 years starting January 2025, including strict quality control provisions and quarterly royalty payments based on net sales."

Document background
The Trademark Usage Agreement is essential for businesses seeking to formally license their trademarks to third parties in Ireland. This document, governed by Irish law and compliant with EU regulations, is commonly used when a brand owner wants to permit another entity to use their trademark while maintaining control over their intellectual property. It becomes necessary in various commercial scenarios, including franchising, merchandising, co-branding initiatives, and international brand expansion. The agreement must comply with the Irish Trade Marks Act 1996 and relevant EU trademark regulations, incorporating specific provisions for quality control, usage guidelines, and territorial restrictions. It's particularly crucial for protecting the trademark owner's rights while enabling commercial exploitation of the brand in a controlled manner.
Suggested Sections

1. Parties: Identification of the trademark owner (Licensor) and the party being granted usage rights (Licensee)

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

3. Definitions: Defined terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products/Services'

4. Grant of License: Scope of trademark usage rights being granted, including territory, exclusivity/non-exclusivity, and permitted uses

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

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

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

8. Fees and Royalties: Financial terms including licensing fees, royalty calculations, and payment terms

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

10. Protection and Enforcement: Responsibilities regarding trademark protection and handling of infringement by third parties

11. Confidentiality: Obligations regarding confidential information shared during the agreement

12. General Provisions: Standard legal clauses including governing law, notices, and assignment rights

Optional Sections

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

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

3. E-commerce Usage: Include when trademark will be used in online commerce or digital platforms

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

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

6. Change of Control: Include when agreement needs to address consequences of ownership changes

7. Minimum Performance Requirements: Include when license is contingent on achieving certain sales or performance targets

Suggested Schedules

1. Schedule 1 - Licensed Trademarks: Detailed list of all trademarks covered by the agreement, including registration numbers and classes

2. Schedule 2 - Brand Guidelines: Comprehensive brand usage guidelines, including color specifications, positioning, and size requirements

3. Schedule 3 - Quality Control Standards: Detailed quality control procedures and standards for trademark usage

4. Schedule 4 - Approved Products/Services: List of specific products or services for which trademark usage is permitted

5. Schedule 5 - Territory Definition: Detailed description of geographic territories where usage is permitted

6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms

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

8. Appendix B - Reporting Templates: Standard templates for required periodic reports on trademark usage and royalty calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


































Relevant Industries

Retail

Manufacturing

Technology

Fashion and Luxury Goods

Food and Beverage

Entertainment

Sports

Consumer Goods

Franchising

E-commerce

Media and Publishing

Pharmaceutical

Automotive

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Licensing

Marketing

Business Development

Compliance

International Trade

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Chief Legal Officer

Business Development Manager

Trademark Attorney

Contract Manager

Chief Marketing Officer

Compliance Officer

General Counsel

IP Portfolio Manager

Franchise 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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