The Simple Trademark License Agreement is a fundamental legal instrument used when a trademark owner wishes to grant another party the right to use their trademark(s) in the Netherlands and potentially other territories. This document is particularly relevant for businesses expanding their brand presence through licensing arrangements, whether domestic or international, while ensuring compliance with Dutch law and EU regulations. The agreement includes essential provisions required under the Dutch Civil Code and Benelux trademark law, such as quality control measures, payment terms, and usage restrictions. It's designed to be straightforward yet comprehensive, suitable for both straightforward licensing arrangements and adaptable for more complex scenarios. The document serves as a crucial tool for protecting intellectual property rights while facilitating commercial exploitation of trademarks in a legally compliant manner.
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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 and parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Licensed Marks', 'Territory', and 'Licensed Products'
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. License Fee and Payment Terms: Financial terms including royalties, payment schedule, and calculation methods
6. Quality Control: Standards for use of the trademark and Licensor's right to inspect and approve
7. Use of the Trademark: Specific requirements and restrictions for trademark usage
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Representations and Warranties: Basic warranties regarding trademark ownership and right to license
10. Infringement: Obligations regarding trademark protection and infringement by third parties
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Sub-licensing Rights: Include when Licensee is permitted to sub-license the trademark to third parties
2. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty payments
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
4. Audit Rights: Include for complex royalty structures requiring detailed financial oversight
5. Insurance Requirements: Include when requiring specific insurance coverage for trademark usage
6. Post-Termination Obligations: Include when specific wind-down provisions are needed
7. Confidentiality: Include when sharing sensitive information beyond standard trademark usage
8. Data Protection: Include when personal data processing is involved in trademark usage
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered by the license
3. Schedule 3 - Quality Control Standards: Detailed specifications for trademark usage and quality requirements
4. Schedule 4 - Fee Schedule: Detailed breakdown of royalty rates, minimum payments, and calculation methods
5. Schedule 5 - Brand Guidelines: Visual guidelines and specifications for trademark usage
6. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks as registered
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Entertainment
Sports
Manufacturing
E-commerce
Healthcare
Pharmaceuticals
Automotive
Hospitality
Education
Professional Services
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Business Development
Compliance
Marketing
Finance
International Operations
Corporate Affairs
Risk Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Contract Manager
Chief Legal Officer
General Counsel
IP Rights Administrator
Trademark Attorney
Chief Executive Officer
Chief Commercial Officer
Brand Protection Officer
Franchise Manager
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