The Name Licensing Agreement is a crucial document used when a brand owner wishes to permit another party to use their name, trademark, or brand identity in Pakistan. This agreement type is particularly important in the Pakistani market where brand protection and licensed usage must comply with local intellectual property laws and commercial regulations. The document covers essential aspects such as license scope, territory restrictions, quality control measures, and payment terms, all aligned with Pakistani legal requirements. It's commonly used for business expansion, franchise operations, and brand collaborations, requiring careful consideration of both the Trade Marks Ordinance, 2001 and the Contract Act, 1872. The agreement helps protect the licensor's intellectual property rights while providing the licensee with clear parameters for authorized name usage.
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1. Parties: Identification and details of the Licensor and Licensee
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including territory and exclusivity terms
5. License Fee and Payment Terms: Details of licensing fees, royalties, payment schedule, and payment methods
6. Quality Control: Standards and requirements for use of the licensed name, approval processes
7. Protection of Rights: Measures to protect the licensed name and intellectual property rights
8. Representations and Warranties: Statements of fact and guarantees by both parties
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Post-Termination Obligations: Obligations of parties after agreement termination
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the name to third parties
2. International Usage: Include for cross-border licensing arrangements with specific territorial provisions
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply to name usage
4. Export Control: Include when dealing with international markets and export regulations
5. Local Registration: Include when local registration of the license is required in specific territories
6. Change of Control: Include when restrictions on corporate ownership changes are necessary
7. Force Majeure: Include detailed force majeure provisions for high-value or critical licensing arrangements
1. Schedule 1 - Licensed Name Specifications: Detailed specifications of the licensed name, including format, styling, and variations
2. Schedule 2 - Approved Usage Guidelines: Detailed guidelines for how the licensed name may be used
3. Schedule 3 - Quality Control Standards: Specific quality control requirements and procedures
4. Schedule 4 - Fee Structure: Detailed breakdown of licensing fees, royalties, and payment calculations
5. Schedule 5 - Approval Procedures: Step-by-step procedures for obtaining approval for name usage
6. Appendix A - Trademark Registrations: List of relevant trademark registrations and applications
7. Appendix B - Approved Products/Services: List of products or services for which the name may be used
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