An Exclusive Trademark License is utilized when a trademark owner wishes to grant sole rights to use their trademark to another party in Singapore or specified territories. This type of agreement is particularly important in franchise arrangements, brand expansions, and international market entry strategies. The agreement must comply with Singapore's Trade Marks Act and related regulations, while addressing key aspects such as quality control, royalty payments, and enforcement mechanisms. The document typically includes specific provisions about the scope of use, territory, duration, and termination conditions, ensuring both parties' interests are protected under Singapore law.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and ownership status of the trademark
3. Definitions: Key terms used throughout the agreement
4. Grant of License: Scope and nature of the exclusive license
5. Territory: Geographical scope of the license
6. Term and Termination: Duration and conditions for ending the agreement
7. License Fees and Royalties: Payment terms and calculation methods
8. Quality Control: Standards maintenance and inspection rights
9. Protection and Enforcement: Rights and obligations regarding trademark protection
1. Sub-licensing Rights: Include when licensor wishes to permit licensee to grant sub-licenses to third parties
2. Minimum Performance Requirements: Sales targets or minimum royalty provisions for ensuring commercial exploitation
3. Marketing Obligations: Specific marketing commitments and promotional requirements
4. Non-Competition: Restrictions on competing activities when exclusivity includes competitive restrictions
1. Schedule 1: Licensed Trademarks: Details of all trademarks covered by the license
2. Schedule 2: Products/Services: Specific products/services covered by the license
3. Schedule 3: Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4: Royalty Calculations: Detailed methodology for calculating royalties
5. Appendix A: Brand Guidelines: Visual and usage guidelines for the trademarks
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