The Trademark Use Agreement is essential for businesses seeking to authorize third parties to use their trademarks while maintaining control over their brand identity and reputation. This document becomes necessary when a trademark owner wishes to permit another entity to use their mark(s) in a controlled manner, whether for manufacturing, distribution, or other commercial purposes. Under Swiss law, such agreements must comply with the Swiss Federal Act on the Protection of Trademarks and related legislation, ensuring proper protection of intellectual property rights while facilitating commercial relationships. The agreement typically includes detailed provisions on quality control, usage guidelines, territory restrictions, and financial terms, serving as a crucial tool for brand protection and commercialization. It's particularly relevant in scenarios involving licensing, franchising, or strategic partnerships where brand usage needs to be carefully regulated and monitored.
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1. Parties: Identification of the trademark owner (licensor) and the party authorized to use the trademark (licensee)
2. Background: Context of the agreement, including trademark ownership details and purpose of the trademark use arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Rights: Scope of the trademark use rights being granted, including any territorial limitations
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Quality Control: Standards and requirements for maintaining the quality of goods/services associated with the trademark
7. Usage Guidelines: Specific rules and requirements for how the trademark may be used
8. Fees and Payment Terms: Financial terms including licensing fees, royalties, and payment schedules
9. Representations and Warranties: Statements of fact and guarantees by both parties
10. Protection and Enforcement: Obligations regarding trademark protection and handling of infringement
11. Confidentiality: Provisions for protecting confidential information exchanged under the agreement
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties
2. Registration Rights: Include when licensee has rights or obligations regarding trademark registration
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
4. Non-Competition: Include when there are restrictions on licensee's ability to use competing marks
5. Insurance Requirements: Include when licensee must maintain specific insurance coverage
6. Change of Control: Include when agreement includes provisions about corporate ownership changes
7. Export Control: Include when trademark use involves international trade considerations
1. Schedule A - Licensed Trademarks: Detailed list and images of all trademarks covered by the agreement, including registration numbers
2. Schedule B - Approved Products/Services: Comprehensive list of products or services for which the trademark may be used
3. Schedule C - Territory: Detailed description of geographic territories where use is permitted
4. Schedule D - Quality Standards: Detailed quality control requirements and specifications
5. Schedule E - Brand Guidelines: Visual guidelines for trademark usage, including size, color, and placement requirements
6. Schedule F - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
7. Appendix 1 - Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Luxury
Technology
Food and Beverage
Manufacturing
Pharmaceuticals
Entertainment
Sports
Media
Franchising
E-commerce
Professional Services
Automotive
Relevant Teams
Legal
Intellectual Property
Brand Management
Marketing
Business Development
Commercial
Compliance
Corporate Affairs
Licensing
Risk Management
Relevant Roles
General Counsel
IP Counsel
Brand Manager
Licensing Manager
Commercial Director
Legal Director
Chief Legal Officer
Brand Protection Manager
Trademark Attorney
Business Development Manager
Franchise Manager
Marketing Director
Chief Executive Officer
Compliance Officer
Contract Manager
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