The Trademark Registered Logo agreement is essential when a trademark owner wishes to grant rights to another party to use their registered logo in India. This document becomes necessary when businesses want to license their logo for use by subsidiaries, franchisees, merchandisers, or other third parties while maintaining control over their intellectual property. The agreement must comply with the Indian Trade Marks Act, 1999, and related regulations, ensuring proper protection of the trademark owner's rights while clearly defining the scope of permitted usage. It includes crucial elements such as quality control measures, territory restrictions, royalty arrangements, and enforcement provisions, making it a vital tool for brand protection and commercialization in the Indian market.
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1. Parties: Identification of the trademark owner and the licensee/user
2. Background: Context of the agreement, including trademark registration details and purpose of the arrangement
3. Definitions: Key terms used throughout the agreement including 'Logo', 'Territory', 'Term', 'Licensed Products'
4. Grant of Rights: Scope of license granted for logo usage, including territory and permitted uses
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Quality Control: Standards for logo usage and approval processes
7. Usage Guidelines: Specific requirements for logo display, sizing, colors, and placement
8. Ownership and Protection: Affirmation of owner's rights and obligations regarding trademark protection
9. Fees and Royalties: Payment terms, royalty calculations, and reporting requirements
10. Representations and Warranties: Parties' assurances regarding rights and authority
11. Infringement: Procedures for addressing unauthorized use and enforcement actions
12. Termination: Grounds for termination and post-termination obligations
13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Digital Usage Rights: Specific provisions for online and digital platform usage of the logo
2. Merchandising Rights: Additional terms for using the logo on merchandise and promotional items
3. Sub-licensing: Terms allowing the licensee to sub-license the logo to third parties
4. International Usage: Additional provisions for multi-jurisdictional use of the logo
5. Social Media Guidelines: Specific rules for social media usage and promotion
6. Co-branding: Terms for using the logo alongside other brands or trademarks
7. Marketing and Promotion: Specific terms for advertising and promotional activities
1. Schedule A - Logo Specifications: Detailed technical specifications of the logo including dimensions, colors, and variations
2. Schedule B - Brand Guidelines: Comprehensive brand usage manual including do's and don'ts
3. Schedule C - Territory Definition: Detailed description of geographical areas where usage is permitted
4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Schedule E - Approval Process: Step-by-step process for obtaining approval for logo usage
6. Appendix 1 - Trademark Registration Certificates: Copies of trademark registration certificates and related documentation
7. Appendix 2 - Approved Usage Examples: Examples of pre-approved logo applications and placements
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