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Non Exclusive Trademark License Agreement for Germany

Non Exclusive Trademark License Agreement Template for Germany

A Non-Exclusive Trademark License Agreement under German law (Markengesetz) that establishes the terms and conditions under which a trademark owner grants non-exclusive rights to use their registered trademark(s) to another party. The agreement is structured in accordance with German trademark and civil law requirements, incorporating necessary provisions for quality control, payment terms, and usage restrictions. It provides a framework for legitimate trademark use while protecting the licensor's intellectual property rights and maintaining the trademark's value and reputation in the market.

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Non Exclusive Trademark License Agreement

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What is a Non Exclusive Trademark License Agreement?

This Non-Exclusive Trademark License Agreement is essential for businesses seeking to grant or obtain rights to use registered trademarks in Germany while maintaining control over multiple licensees. The document is particularly relevant when a trademark owner wishes to monetize their intellectual property through licensing while retaining the right to use the trademark themselves and license it to others. Governed by German trademark law (Markengesetz) and civil law (BGB), it includes crucial provisions for quality control, payment structures, and usage parameters. The agreement is commonly used in various commercial contexts, from product manufacturing to service delivery, and requires careful consideration of both parties' rights and obligations under German legal requirements.

What sections should be included in a Non Exclusive Trademark License Agreement?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement, confirmation of trademark ownership, and general intent of the parties

3. Definitions: Definitions of key terms including 'Licensed Marks', 'Territory', 'Licensed Products', 'Effective Date', and other relevant terms

4. Grant of License: Scope of the non-exclusive license, including permitted uses, territory, and any field-of-use restrictions

5. License Fees 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. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement

8. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

9. Post-Termination Obligations: Requirements after agreement ends, including cessation of use and return of materials

10. Representations and Warranties: Standard warranties regarding trademark ownership, right to license, and non-infringement

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

12. General Provisions: Standard legal clauses including notices, assignment, severability, and entire agreement

What sections are optional to include in a Non Exclusive Trademark License Agreement?

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

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

3. Minimum Performance Requirements: Include when the license is tied to minimum sales or usage requirements

4. Export Control: Include when the licensed products may be subject to export regulations

5. Data Protection: Include when personal data processing is involved in the license relationship

6. Insurance Requirements: Include when specific insurance coverage is required for the licensee

7. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures

What schedules should be included in a Non Exclusive Trademark License Agreement?

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

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

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

4. Schedule 4 - License Fees: Detailed breakdown of royalty calculations and payment terms

5. Schedule 5 - Approved Form of Trademark Notice: Specific format for trademark usage and attribution

6. Appendix A - Trademark Usage Guidelines: Detailed guidelines for proper trademark usage and brand standards

7. Appendix B - Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage

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

Jurisdiction

Germany

Cost

Free to use
Relevant legal definitions






































Clauses



































Relevant Industries

Consumer Goods

Retail

Fashion and Apparel

Technology and Software

Manufacturing

Entertainment and Media

Food and Beverage

Pharmaceuticals

Automotive

Sports and Recreation

Hospitality

Education

Professional Services

Electronics

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Brand Management

Marketing

Finance

Compliance

Corporate Affairs

Operations

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Trademark Attorney

Licensing Manager

Brand Manager

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Chief Executive Officer

Chief Commercial Officer

Intellectual Property Director

General Counsel

Brand Protection Manager

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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