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Trademark Security Agreement for the United Kingdom

Trademark Security Agreement Template for England and Wales

A Trademark Security Agreement under English and Welsh law is a legal instrument that creates a security interest over specified trademarks in favor of a lender or other secured party. It enables trademark owners to use their intellectual property as collateral for financing while maintaining their right to use and exploit the trademarks in the ordinary course of business. The agreement must comply with both UK trademark law and security law requirements, including registration at the UK Intellectual Property Office and potentially Companies House.

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Trademark Security Agreement

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What is a Trademark Security Agreement?

A Trademark Security Agreement is utilized when a company wishes to leverage its trademark portfolio as collateral for financing. This document, governed by English and Welsh law, establishes the secured party's rights over the specified trademarks while allowing the trademark owner to continue normal business operations. The agreement must detail the secured trademarks, the nature of the security interest, maintenance obligations, and enforcement mechanisms. It requires careful consideration of both intellectual property and secured lending regulations, with proper registration to ensure effectiveness against third parties.

What sections should be included in a Trademark Security Agreement?

1. Parties: Identification of the grantor and secured party

2. Background: Context of the security arrangement and underlying obligation

3. Definitions: Key terms used throughout the agreement including specific trademark-related definitions

4. Grant of Security Interest: Core security creation provisions over the trademark rights

5. Representations and Warranties: Grantor's confirmations regarding trademark ownership, validity, and absence of encumbrances

6. Covenants: Ongoing obligations regarding trademark maintenance, protection, and permitted uses

7. Enforcement: Rights and remedies available to the secured party upon default

8. Term and Termination: Duration of the security interest and conditions for release

What sections are optional to include in a Trademark Security Agreement?

1. Further Assurance: Additional actions parties may need to take to perfect the security interest

2. Power of Attorney: Appointment of secured party as attorney for trademark-related matters

3. International Provisions: Specific provisions dealing with international trademark rights and registrations

What schedules should be included in a Trademark Security Agreement?

1. Schedule of Trademarks: Comprehensive list of all trademarks covered by the security interest, including registration numbers and jurisdictions

2. Form of Notice: Standard form for notifying relevant trademark offices of the security interest

3. Secured Obligations: Detailed description of the underlying obligations being secured

4. Registration Requirements: List of specific registration requirements for different trademark offices and jurisdictions

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

England and Wales

Cost

Free to use
Relevant legal definitions

































Clauses


























Industries

Trade Marks Act 1994: Primary UK legislation governing trademark rights, registration, assignment, and security interests. Includes provisions for recordal of security interests at the UK Intellectual Property Office.

Law of Property Act 1925: Fundamental legislation governing property rights and security interests in England and Wales, including provisions for creating and enforcing valid security interests.

Companies Act 2006: Key legislation requiring registration of charges at Companies House and defining corporate disclosure obligations regarding security interests.

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing specific types of security arrangements that may apply if the trademark security qualifies as financial collateral.

Insolvency Act 1986: Legislation governing the treatment of security interests during insolvency and establishing creditor priority rules.

Civil Procedure Rules: Procedural framework governing enforcement procedures and available remedies for security interests in England and Wales.

EU Trademark Regulations: Post-Brexit considerations for EU trademark rights and their impact on security interests in trademarks valid in both UK and EU jurisdictions.

Madrid Protocol: International treaty system for trademark registration that may affect security interests in internationally registered marks.

TRIPS Agreement: International agreement establishing minimum standards for intellectual property protection, including provisions relevant to trademark security interests.

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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