The License To Use Trademark agreement is essential for businesses looking to legally and formally grant or obtain rights to use registered trademarks in the Netherlands and potentially broader territories. This document is particularly relevant when a trademark owner wishes to monetize their intellectual property while maintaining control over its use, or when a business needs to legally use another entity's trademark in their operations. The agreement, governed by Dutch law and compliant with EU regulations, typically includes detailed provisions on usage rights, quality control, territory restrictions, and financial terms. It's commonly used in franchise arrangements, manufacturing agreements, merchandising deals, and brand collaborations, providing protection for both the trademark owner's intellectual property rights and the licensee's commercial interests.
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1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses
2. Background: Context of the agreement, including trademark ownership details and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. Term and Termination: Duration of the license and circumstances for termination
6. Quality Control: Standards and requirements for trademark usage and quality maintenance
7. Usage Guidelines: Specific rules and requirements for trademark display and application
8. License Fees: Financial terms including royalties, payment schedules, and reporting requirements
9. Representations and Warranties: Parties' assertions regarding trademark ownership and authority to enter agreement
10. Protection of the Trademark: Obligations regarding trademark protection and infringement handling
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
3. Assignment Rights: Include when transfer of license rights needs specific regulation
4. Insurance Requirements: Include when specific insurance coverage is required from licensee
5. Export Control: Include for international usage of the trademark
6. Change of Control: Include when license rights should be affected by ownership changes
7. Dispute Resolution: Include when specific mediation or arbitration procedures are preferred over court proceedings
1. Schedule 1: Licensed Trademarks: Detailed list of all licensed trademarks including registration numbers and classes
2. Schedule 2: Territory: Detailed description of geographic areas where license is valid
3. Schedule 3: Products and Services: Comprehensive list of products/services covered by the license
4. Schedule 4: Quality Standards: Detailed quality control requirements and specifications
5. Schedule 5: Brand Guidelines: Visual guidelines for trademark usage including size, color, and positioning
6. Schedule 6: Fee Structure: Detailed breakdown of all fees, royalties, and payment terms
7. Appendix A: Trademark Specimens: Visual examples of the licensed trademarks
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