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Trade Mark Licence Agreement for the Netherlands

Trade Mark Licence Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions under which a trademark owner (licensor) grants permission to another party (licensee) to use their registered trademark(s). This agreement operates within the framework of Dutch intellectual property law, EU trademark regulations, and the Benelux Convention on Intellectual Property. It covers essential elements such as scope of use, quality control requirements, payment terms, territorial restrictions, and the parties' respective rights and obligations, while ensuring compliance with both Dutch national and EU competition laws.

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Trade Mark Licence Agreement

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What is a Trade Mark Licence Agreement?

The Trade Mark Licence Agreement is a crucial legal instrument used when a trademark owner wishes to permit another party to use their trademark(s) while maintaining control over their intellectual property. This agreement is particularly important in the Netherlands, where it must comply with both Dutch national law and EU regulations. It is commonly used in commercial expansion strategies, brand collaborations, and international business operations. The document typically includes detailed provisions on quality control, payment structures, territorial restrictions, and usage guidelines. Under Dutch law, special attention must be paid to competition law compliance and the specific requirements of the Benelux Convention on Intellectual Property. This agreement is essential for businesses looking to monetize their intellectual property or expand their brand presence through controlled licensing arrangements.

What sections should be included in a Trade Mark Licence Agreement?

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

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

3. Definitions: Definitions of key terms used throughout the agreement, including specific description of the licensed trademark(s)

4. Grant of License: Scope of the license, territory, and field of use permissions

5. Term and Termination: Duration of the license, renewal terms, and circumstances for termination

6. Quality Control: Standards for trademark usage, approval processes, and quality maintenance requirements

7. Payment Terms: License fees, royalties, payment schedules, and reporting requirements

8. Obligations of the Parties: Specific duties of both licensor and licensee in relation to the trademark usage

9. Protection of the Trade Mark: Maintenance of registrations, dealing with infringement, and cooperation requirements

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

11. Indemnification: Mutual or unilateral indemnities for trademark-related claims and breaches

12. Confidentiality: Protection of confidential information exchanged during the relationship

13. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including notices, amendment process, and severability

What sections are optional to include in a Trade Mark Licence Agreement?

1. Sublicensing Rights: Include when licensee is permitted to grant sublicenses to third parties

2. Exclusivity Provisions: Include when license is exclusive in certain territories or fields of use

3. Minimum Performance Requirements: Include when license includes sales targets or minimum royalty requirements

4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

5. Technology Transfer: Include when technical knowledge or support is provided with the trademark license

6. Corporate Social Responsibility: Include when specific ethical or sustainability requirements apply to trademark usage

7. Anti-Corruption Compliance: Include for international licenses or when required by corporate policies

8. Data Protection: Include when personal data processing is involved in trademark usage or reporting

What schedules should be included in a Trade Mark Licence Agreement?

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

2. Schedule 2 - Licensed Products/Services: Specific products or services covered by the license

3. Schedule 3 - Brand Guidelines: Detailed specifications for trademark usage, including format, colors, and placement

4. Schedule 4 - Quality Control Procedures: Detailed quality control processes and standards

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties and examples

6. Schedule 6 - Approved Sublicensees: List of pre-approved sublicensees (if applicable)

7. Schedule 7 - Territory Restrictions: Detailed description of territorial scope and any restrictions

8. Schedule 8 - Reporting Templates: Standard forms for regular reporting requirements

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

Netherlands

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions




















































Clauses








































Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Technology

Manufacturing

Entertainment

Sports

Pharmaceuticals

Franchising

Media and Publishing

Automotive

Electronics

Software and IT

Telecommunications

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Licensing

Corporate Affairs

Finance

Compliance

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Contract Manager

Chief Commercial Officer

Head of Intellectual Property

Franchise Manager

Marketing Director

Chief Executive Officer

General Counsel

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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