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Trademark Usage Agreement Template for United States

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Key Requirements PROMPT example:

Trademark Usage Agreement

"I need a Trademark Usage Agreement to license my software company's trademark to a distributor in Asia, including quality control provisions and quarterly royalty payments of 5% of net sales, starting from March 2025."

Document background
A Trademark Usage Agreement becomes necessary when a trademark owner wishes to allow others to use their mark while maintaining control over its representation and protecting its value. This document, governed by U.S. trademark law, establishes the specific parameters for trademark usage, including quality standards, territorial restrictions, and duration. It serves as a critical tool for brand protection while enabling business expansion through licensed use of the mark. The agreement typically includes provisions for monitoring usage, maintaining quality standards, and specifying terms for termination if the licensee fails to meet obligations.
Suggested Sections

1. Parties: Identifies the trademark owner and licensee with full legal details

2. Background: States ownership of trademark and purpose of the agreement

3. Definitions: Defines key terms including the Trademark, Territory, and Licensed Products/Services

4. Grant of License: Specifies the scope and nature of trademark usage rights granted

5. Quality Control: Sets standards for trademark usage and owner's right to inspect

6. Term and Termination: Duration of agreement and conditions for termination

7. Representations and Warranties: Statements regarding trademark ownership and validity

Optional Sections

1. Royalties: Payment terms and conditions for trademark usage when monetary compensation is involved

2. International Usage: Provisions governing trademark usage across multiple jurisdictions

3. Sub-licensing Rights: Terms and conditions under which the licensee may sub-license the trademark to third parties

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed description and registration details of the trademark(s)

2. Schedule B - Usage Guidelines: Specific rules for trademark display and implementation

3. Schedule C - Territory Definition: Detailed description of geographic areas where usage is permitted

4. Schedule D - Quality Control Standards: Specific quality requirements and inspection procedures

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

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Industries

Lanham Act: Primary federal trademark law (15 U.S.C. ยงยง 1051 et seq.) governing trademark registration, protection, infringement, and remedies in the United States

Trademark Dilution Revision Act 2006: Federal law protecting famous marks against dilution, including provisions for blurring and tarnishment

Federal Trade Commission Act: Federal legislation regulating unfair competition and deceptive practices in trademark usage

State Trademark Laws: State-specific regulations covering trademark registration and enforcement at the state level

Common Law Trademark Rights: Uncodified legal principles protecting unregistered marks and establishing territory-based rights

International Trademark Agreements: Including Paris Convention, Madrid Protocol, and TRIPS Agreement for international trademark protection

Contract Law Principles: Fundamental legal principles governing contract formation, consideration, and termination applicable to trademark agreements

Related IP Laws: Overlapping intellectual property considerations including copyright, trade secret, and design patent interfaces

Competition Law: Anti-trust implications and fair use provisions affecting trademark usage agreements

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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