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Trade Mark Licence Agreement

Trade Mark Licence Agreement Template for Austria

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Key Requirements PROMPT example:

Trade Mark Licence Agreement

"I need a Trade Mark Licence Agreement for granting exclusive rights to use our luxury fashion brand trademarks in Austria and Germany to a high-end retailer, starting January 2025, with strict quality control measures and minimum annual royalty requirements."

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Document background
The Trade Mark Licence Agreement is essential for businesses seeking to monetize their intellectual property or expand their brand presence through licensed partnerships. This document, governed by Austrian law and compliant with EU regulations, is commonly used when a trademark owner wishes to permit another entity to use their registered marks in a defined territory. It establishes the commercial and legal framework for brand licensing, including crucial elements such as quality control measures, royalty structures, and usage parameters. The agreement is particularly important in Austria's commercial landscape, where it must comply with both national trademark law (Markenschutzgesetz) and EU trademark regulations. It serves to protect the licensor's intellectual property rights while providing the licensee with clear operational guidelines and commercial rights.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, description of the trademark owner's rights, and general purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.

4. Grant of License: Scope of the license granted, including territory, exclusivity/non-exclusivity, and permitted uses

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Quality Control: Standards for using the trademark, approval processes, and quality maintenance requirements

7. Royalties and Payments: Financial terms, including royalty rates, payment schedules, and reporting requirements

8. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions

9. Representations and Warranties: Standard warranties about trademark ownership, right to license, and other key assurances

10. Confidentiality: Obligations regarding confidential information shared during the license relationship

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

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

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

3. Assignment and Change of Control: Include when specific restrictions on transfer of rights are needed

4. Insurance: Include when specific insurance requirements are imposed on the licensee

5. Non-Competition: Include when restricting licensee's ability to compete or use competing marks

6. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

7. Right of First Refusal: Include when granting licensee priority rights for additional territories or products

8. Post-Termination Obligations: Include when specific post-termination requirements need to be detailed

Suggested Schedules

1. Schedule 1 - Licensed Marks: Detailed list and images of all licensed trademarks, including registration numbers

2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license

3. Schedule 3 - Quality Standards: Detailed quality control specifications and requirements

4. Schedule 4 - Royalty Calculations: Detailed formula and examples for calculating royalties

5. Schedule 5 - Approved Form of Trademark Notice: Specific format and placement requirements for trademark notices

6. Schedule 6 - Territory: Detailed description or map of licensed territory

7. Appendix A - Style Guide: Guidelines for proper trademark usage and brand standards

8. Appendix B - Approval Procedures: Detailed processes for obtaining licensor approval for new products/materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Entertainment

Sports

Technology

Manufacturing

Pharmaceuticals

Automotive

Hospitality

Education

Media and Publishing

Telecommunications

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Licensing

Brand Management

Marketing

Compliance

Corporate Affairs

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Contract Manager

General Counsel

IP Portfolio Manager

Chief Commercial Officer

Compliance Officer

Marketing 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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