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Trade Mark Agreement

Trade Mark Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trade Mark Agreement

"I need a Trade Mark Agreement for licensing my cosmetics brand trademark to a distributor in Hong Kong, with exclusive rights for Hong Kong and Macau territories, starting from March 2025."

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Document background
A Trade Mark Agreement is a crucial legal instrument used when parties wish to establish rights and obligations regarding the use, licensing, or transfer of trademark rights in Hong Kong. This document is particularly relevant when businesses seek to expand their brand presence, enter licensing arrangements, or protect their intellectual property rights in the Hong Kong market. The agreement must comply with the Hong Kong Trade Marks Ordinance (Cap. 559) and related regulations, addressing key aspects such as scope of rights, quality control, territory restrictions, and enforcement mechanisms. It's commonly used in various commercial contexts, from simple trademark licenses to complex international brand licensing arrangements, and can be adapted to accommodate different business needs while maintaining legal compliance with Hong Kong's intellectual property framework.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal status and registered addresses

2. Background: Context of the agreement, including ownership of the trademark(s) and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Rights: Specific rights being granted (assignment/license) and their scope

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

6. Financial Terms: Payment terms, royalties, and other financial obligations

7. Representations and Warranties: Statements of fact and promises made by each party

8. Protection and Enforcement: Obligations regarding trademark protection and enforcement against infringement

9. Confidentiality: Obligations regarding confidential information shared between parties

10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

11. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Quality Control: Provisions for maintaining quality standards of goods/services using the trademark - essential for license agreements

2. Territory Restrictions: Specific geographical limitations on trademark usage

3. Sub-licensing Rights: Terms governing the licensee's right to sub-license the trademark

4. Marketing and Promotion: Requirements and restrictions regarding advertising and promotion of the trademark

5. Non-Competition: Restrictions on competing activities during and after the agreement

6. Assignment and Transfer: Rights and restrictions regarding transfer of rights to third parties

7. Audit Rights: Rights to audit licensee's use of the trademark and related financial records

8. Insurance: Requirements for insurance coverage related to trademark usage

Suggested Schedules

1. Schedule 1 - Trademark Specifications: Detailed descriptions and representations of the trademarks covered by the agreement

2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered under the agreement

3. Schedule 3 - Territory: Detailed description of geographical territories where rights are granted

4. Schedule 4 - Quality Control Standards: Specific quality control requirements and procedures

5. Schedule 5 - Usage Guidelines: Detailed guidelines for trademark usage, including size, placement, and color specifications

6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

7. Appendix A - Trademark Registrations: Copies of trademark registration certificates and renewal status

8. Appendix B - Form of Quality Control Reports: Templates for quality control reporting requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Manufacturing

Consumer Goods

Fashion and Luxury

Technology

Food and Beverage

Pharmaceuticals

Entertainment

Media

E-commerce

Professional Services

Telecommunications

Automotive

Healthcare

Education

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Licensing

Brand Management

Marketing

Compliance

Operations

Corporate Affairs

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Chief Commercial Officer

Trademark Attorney

Contract Manager

Compliance Officer

General Counsel

IP Portfolio Manager

Marketing Director

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

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