The Registered User Agreement Trademark is a crucial document required when a trademark owner wishes to grant another party the right to use their registered trademark in Malaysia. This agreement is particularly important as it must comply with the Malaysian Trademarks Act 2019 and needs to be registered with the Malaysian Intellectual Property Office (MyIPO) to ensure legal recognition of the user's rights. The document typically includes detailed provisions on quality control, territorial restrictions, and usage guidelines to protect the trademark's reputation and value. It's commonly used in franchising, manufacturing licenses, and other commercial arrangements where brand protection is essential. The agreement must address specific Malaysian legal requirements while also incorporating practical commercial terms that facilitate business operations.
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1. Parties: Identification of the Trademark Owner and the Registered User, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including details of the trademark registration and the business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Permitted Use', etc.
4. Grant of Rights: Specific rights granted to the Registered User, including scope, territory, and any limitations
5. Terms of Use: Detailed conditions and requirements for using the trademark, including quality standards and brand guidelines
6. Quality Control: Procedures for maintaining quality standards and trademark owner's right to inspect and approve usage
7. Fees and Payments: Financial terms including licensing fees, royalties, and payment schedules
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Intellectual Property Protection: Provisions for protecting the trademark and handling infringement by third parties
10. Representations and Warranties: Legal assurances from both parties regarding their authority and compliance
11. Confidentiality: Protection of confidential information exchanged during the relationship
12. General Provisions: Standard legal clauses including notices, assignment, governing law, etc.
1. Sub-licensing Rights: Include when the Registered User is permitted to sub-license the trademark to others
2. E-commerce Provisions: Include when the trademark will be used in online commerce
3. Export Restrictions: Include when there are specific territorial restrictions or export controls
4. Marketing and Promotion: Include when the agreement covers specific marketing rights and obligations
5. Product Development: Include when the Registered User will be developing new products under the trademark
6. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court litigation
1. Schedule 1 - Licensed Marks: Detailed list of all trademarks covered by the agreement, including registration numbers
2. Schedule 2 - Permitted Products/Services: Comprehensive list of products or services for which the trademark may be used
3. Schedule 3 - Territory: Detailed description of geographical areas where use is permitted
4. Schedule 4 - Quality Standards: Specific quality control requirements and standards
5. Schedule 5 - Brand Guidelines: Visual and usage guidelines for the trademark
6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
7. Appendix A - Approval Procedures: Step-by-step procedures for obtaining trademark usage approvals
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