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Joint Trademark Ownership Agreement Template for Malaysia

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Key Requirements PROMPT example:

Joint Trademark Ownership Agreement

"Need a Joint Trademark Ownership Agreement for a partnership between a Malaysian tech startup and a Singapore-based software company, with equal ownership rights and specific provisions for digital platform usage, to be effective from March 2025."

Document background
The Joint Trademark Ownership Agreement is essential when multiple parties seek to formalize their shared ownership of trademark rights in Malaysia. This document becomes necessary in situations such as joint venture formations, brand collaborations, or when businesses merge while maintaining separate operations. The agreement, governed by Malaysian law including the Trademarks Act 2019 and Contracts Act 1950, outlines crucial aspects such as ownership percentages, usage rights, quality control measures, and cost-sharing arrangements. It provides a clear framework for trademark management, helping prevent disputes and ensuring efficient cooperation between co-owners. The document is particularly important given Malaysia's growing business landscape and its participation in international trademark systems like the Madrid Protocol.
Suggested Sections

1. Parties: Identification of all co-owners entering into the agreement

2. Background: Context of the agreement, including history of the trademark and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Trademark Description: Detailed description of the trademark(s) subject to joint ownership

5. Ownership Structure: Specification of ownership percentages and rights of each party

6. Rights and Obligations: Core rights and obligations of each co-owner regarding the trademark

7. Use of Trademark: Terms governing how the trademark may be used by each party

8. Quality Control: Standards and procedures for maintaining trademark quality

9. Registration and Maintenance: Responsibilities for trademark registration and maintenance

10. Costs and Revenue Sharing: Distribution of costs and revenues related to the trademark

11. Defense and Enforcement: Procedures for defending and enforcing trademark rights

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

14. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. International Registration: Provisions for international trademark registration and protection, used when parties plan to operate internationally

2. Assignment and Transfer: Rules for transferring ownership interests, included when parties want to allow for future ownership changes

3. Monetization Rights: Terms for licensing or merchandising the trademark to third parties, included when commercial exploitation is planned

4. Digital Usage: Specific provisions for trademark use in digital media and online platforms, relevant for digital businesses

5. Dispute Resolution: Detailed procedures for resolving disputes, including mediation and arbitration, when parties prefer alternative dispute resolution

6. Non-Competition: Restrictions on competitive activities, included when parties want to prevent competition

7. Exit Strategy: Procedures for handling voluntary exit of a co-owner, included when parties want clear exit provisions

8. Force Majeure: Provisions for handling unforeseen circumstances, included when parties want specific protection against external events

Suggested Schedules

1. Schedule 1: Trademark Details: Detailed specifications of the trademark(s), including registration numbers and classes

2. Schedule 2: Trademark Usage Guidelines: Specific guidelines and standards for trademark usage

3. Schedule 3: Quality Control Standards: Detailed quality control procedures and standards

4. Schedule 4: Cost Allocation: Detailed breakdown of cost sharing arrangements

5. Schedule 5: Revenue Distribution: Specific formulas and procedures for revenue sharing

6. Appendix A: Trademark Specimens: Visual representations of the trademark(s)

7. Appendix B: Territorial Rights: List of territories where the trademark is or will be registered

8. Appendix C: Approved Uses: List of approved products/services for trademark use

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


































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Relevant Industries

Retail

Manufacturing

Technology

Food and Beverage

Fashion and Apparel

Consumer Goods

Professional Services

Entertainment

Media and Publishing

Pharmaceuticals

Software and Digital Products

E-commerce

Hospitality

Sports and Recreation

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Executive Leadership

Compliance

Marketing

Operations

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Business Development Manager

Chief Executive Officer

Chief Legal Officer

Trademark Attorney

Corporate Lawyer

Licensing Manager

Partnership Manager

Compliance Officer

Marketing Director

Operations Director

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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