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Brand Purchase Agreement

Brand Purchase Agreement Template for India

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Key Requirements PROMPT example:

Brand Purchase Agreement

"I need a Brand Purchase Agreement for the acquisition of a luxury fashion brand by my Indian company from a French seller, with completion scheduled for March 2025, including specific provisions for maintaining the existing design team and international distribution networks."

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Document background
The Brand Purchase Agreement is a crucial document used when one entity wishes to acquire the complete ownership and rights to a brand from another entity. This agreement, governed by Indian law, is particularly important in the context of business acquisitions, corporate restructuring, or strategic brand portfolio management. It encompasses comprehensive provisions for the transfer of all brand-related assets, including registered and unregistered intellectual property rights, goodwill, marketing materials, and associated business assets. The document must comply with various Indian regulations, including the Trade Marks Act, 1999, the Indian Contract Act, 1872, and relevant competition laws. It's essential for protecting both parties' interests during the brand transfer process and ensuring a clear chain of title for the brand assets.
Suggested Sections

1. Parties: Identification of the seller and purchaser with complete legal details

2. Background: Context of the transaction and brief history of the brand

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Sale and Purchase of Brand: Core transaction terms including the assets being transferred

5. Purchase Price: Details of consideration, payment terms, and any adjustments

6. Intellectual Property Rights: Specifics of IP transfer, including trademarks, copyrights, and related rights

7. Completion: Closing conditions, timing, and completion requirements

8. Seller's Warranties: Warranties regarding ownership, rights to sell, and brand condition

9. Purchaser's Warranties: Warranties regarding authority to purchase and financial capacity

10. Pre-Completion Obligations: Parties' obligations between signing and completion

11. Post-Completion Obligations: Transition arrangements and post-sale responsibilities

12. Confidentiality: Protection of confidential information related to the brand and transaction

13. Indemnification: Indemnity provisions for breach of warranties or obligations

14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction details

15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Employee Transfer: Required if brand-related employees are being transferred as part of the deal

2. Transitional Services: Needed if seller will provide temporary support post-completion

3. License Back Arrangements: Include if seller requires continued limited use of the brand

4. Non-Compete Provisions: Important if restricting seller's future business activities

5. Tax Provisions: Detailed section needed for complex tax implications

6. Third Party Consents: Required if brand transfer needs specific third-party approvals

7. Environmental Compliance: Necessary for brands involving manufacturing or environmental concerns

8. Data Protection: Include if customer or personal data is part of the brand transfer

Suggested Schedules

1. Schedule 1 - Brand Assets: Comprehensive list of all brand assets being transferred

2. Schedule 2 - Intellectual Property: Detailed list of trademarks, copyrights, and other IP rights

3. Schedule 3 - Contracts: List of contracts being transferred or requiring assignment

4. Schedule 4 - Purchase Price Calculation: Detailed breakdown of purchase price components

5. Schedule 5 - Completion Requirements: Checklist of documents and actions required at completion

6. Schedule 6 - Excluded Assets: List of assets specifically excluded from the transfer

7. Appendix A - Form of Assignment Deed: Template for IP rights assignment

8. Appendix B - Transfer Documents: Templates for various transfer instruments

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

Consumer Goods

Retail

Fashion and Luxury

Food and Beverage

Technology

Media and Entertainment

Pharmaceuticals

Automotive

Hospitality

E-commerce

Manufacturing

Professional Services

Relevant Teams

Legal

Finance

Marketing

Brand Management

Mergers & Acquisitions

Intellectual Property

Corporate Strategy

Risk Management

Compliance

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Brand Manager

Marketing Director

Intellectual Property Counsel

Corporate Counsel

Mergers & Acquisitions Director

Business Development Manager

Commercial Director

Risk Management Officer

Compliance Officer

Finance Manager

Brand Valuation Specialist

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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