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Trademark License Agreement
I need a trademark license agreement that grants a Belgian company the non-exclusive right to use a trademark for a period of 3 years within the Benelux region. The agreement should include provisions for quality control, royalty payments based on sales, and a clause for termination with a 60-day notice period.
What is a Trademark License Agreement?
A Trademark License Agreement lets one company legally use another company's protected brand elements, like their logo, name, or slogan. Under Belgian intellectual property law, these agreements spell out exactly how the licensee can use the trademark, in which territories, and for what products or services.
The agreement protects both sides - the trademark owner keeps control over their brand while earning licensing fees, and the user gets clear permission to use valuable brand assets. It must follow Belgian trademark regulations and include key terms like payment structure, quality standards, and duration. Many Belgian businesses use these agreements for franchising, merchandising, or brand partnerships.
When should you use a Trademark License Agreement?
Use a Trademark License Agreement when you need to let another business use your protected brand assets, or when you want to use someone else's trademark in Belgium. Common scenarios include launching a franchise operation, creating branded merchandise, or expanding your business through authorized dealers or distributors.
The agreement becomes essential before any third party starts using your trademark commercially. Belgian law requires clear documentation of these arrangements to maintain trademark rights and prevent unauthorized use. This protects both parties: the trademark owner maintains quality control and receives compensation, while the licensee gains legal certainty for their business activities.
What are the different types of Trademark License Agreement?
- Exclusive License: Grants sole rights to use the trademark in specific regions or industries in Belgium, preventing the owner from licensing to others
- Non-exclusive License: Allows multiple licensees to use the trademark simultaneously, common in retail and merchandising
- Master License: Gives the licensee authority to grant sub-licenses, often used in nationwide franchise systems
- Limited-scope License: Restricts trademark use to specific products, services, or channels while maintaining strict quality controls
- Cross-border License: Addresses specific EU and Benelux trademark requirements for use across multiple jurisdictions
Who should typically use a Trademark License Agreement?
- Brand Owners: Companies or individuals who own registered trademarks and want to monetize them through licensing while maintaining control over their brand identity
- Licensees: Businesses seeking legal permission to use another company's trademark for their products or services in Belgian markets
- IP Lawyers: Draft and review Trademark License Agreements to ensure compliance with Belgian and EU trademark laws
- Franchise Operations: Use these agreements to establish brand consistency across their network
- Quality Control Teams: Monitor compliance with trademark usage guidelines and standards specified in the agreement
How do you write a Trademark License Agreement?
- Trademark Details: Gather registration numbers, covered territories, and exact specifications of the protected marks from the Benelux Office of Intellectual Property
- Usage Scope: Define exact products, services, and geographical areas where the trademark will be used
- Quality Standards: Document specific requirements for maintaining brand integrity and inspection procedures
- Financial Terms: Determine royalty rates, payment schedules, and reporting requirements
- Duration Terms: Specify agreement length, renewal conditions, and termination circumstances
- Compliance Check: Our platform ensures your agreement includes all mandatory elements under Belgian law
What should be included in a Trademark License Agreement?
- Parties Section: Complete legal names and addresses of licensor and licensee, plus proof of trademark ownership
- License Grant: Detailed scope of permitted trademark use, including territory and exclusivity status
- Quality Control: Specific standards, inspection rights, and approval processes for trademark usage
- Financial Terms: Clear royalty calculations, payment schedules, and reporting requirements
- Duration & Termination: Agreement length, renewal options, and grounds for early termination
- Governing Law: Explicit reference to Belgian law and competent courts for dispute resolution
- Usage Guidelines: Detailed specifications for trademark display and permitted modifications
What's the difference between a Trademark License Agreement and a Copyright License Agreement?
A Trademark License Agreement differs significantly from a Copyright License Agreement in both scope and application under Belgian law. While both protect intellectual property rights, they serve distinct purposes in business operations.
- Protected Subject Matter: Trademark licenses cover brand identifiers like logos, names, and slogans, while copyright licenses protect creative works like text, images, or software
- Duration of Protection: Trademarks can be renewed indefinitely as long as they're actively used in commerce, whereas copyrights have a fixed term under Belgian law
- Quality Control Requirements: Trademark licenses must include strict quality control provisions to maintain brand consistency, which isn't typically necessary in copyright licensing
- Territory Considerations: Trademark licenses often specify Benelux or EU-wide usage rights, while copyright licenses typically focus on reproduction and distribution rights regardless of territory
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