The Trademark License Agreement is a crucial legal instrument used when a trademark owner wishes to permit another party to use their trademark while maintaining control over their intellectual property rights. This agreement, governed by Austrian law, is essential for businesses looking to expand their brand presence through licensed manufacturing, distribution, or service provision. It must comply with the Austrian Trademark Protection Act (Markenschutzgesetz) and relevant EU regulations, making it suitable for both domestic and cross-border arrangements within the EU. The document typically includes detailed provisions on quality control, territory restrictions, royalty payments, and usage guidelines, ensuring the trademark's value and distinctiveness are preserved while enabling commercial exploitation by authorized parties.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including trademark ownership details and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including Licensed Marks, Territory, and Licensed Products
4. Grant of License: Scope of the license granted, including type (exclusive/non-exclusive), territory, and field of use
5. License Fee and Payment Terms: Financial terms including royalties, payment schedule, reporting requirements, and audit rights
6. Quality Control: Standards for use of the trademark, approval processes, and quality maintenance requirements
7. Use of the Trademark: Specific requirements and restrictions on how the trademark may be used
8. Protection and Infringement: Obligations regarding trademark protection, enforcement, and handling of third-party infringement
9. Representations and Warranties: Statements of fact and guarantees by both parties
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Post-Termination Obligations: Obligations of parties after the agreement ends, including cease of use and return of materials
12. Confidentiality: Protection of confidential information exchanged during the agreement
13. General Provisions: Standard legal clauses including governing law, jurisdiction, entire agreement, and amendments
1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
3. Export Control: Include when licensed products may be subject to export regulations
4. Insurance: Include when specific insurance requirements are needed for trademark use
5. Competition Law Compliance: Include when license contains territorial restrictions or exclusivity provisions that need careful competition law consideration
6. Alternative Dispute Resolution: Include when parties prefer arbitration or mediation over court proceedings
7. Change of Control: Include when agreement should address consequences of ownership changes in either party
8. Force Majeure: Include when specific events should be identified as beyond parties' control
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Detailed specification of products or services covered by the license
3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Trademark Usage Guidelines: Specific requirements for trademark display, placement, and format
5. Schedule 5 - Territory: Detailed definition of geographic territories covered by the license
6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and examples
7. Appendix A - Approval Procedures: Step-by-step procedures for obtaining approval for trademark use
8. Appendix B - Reporting Templates: Standard forms for sales reports and royalty calculations
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