The Trademark Use Agreement is essential for businesses seeking to legally license their trademarks in Pakistan. This document is commonly used when a trademark owner wishes to grant another party the right to use their registered trademark(s) while maintaining control over the brand's reputation and use. The agreement must comply with Pakistani trademark law, particularly the Trade Marks Ordinance, 2001, and related regulations. It typically includes detailed provisions for quality control, territorial restrictions, royalty payments, and usage guidelines. This type of agreement is particularly important in Pakistan's growing commercial landscape, where brand protection and licensed use of intellectual property are becoming increasingly significant. The document serves both to protect the trademark owner's rights and to provide clear guidelines for the licensee's authorized use of the mark.
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1. Parties: Identification of the trademark owner (licensor) and the party being granted use rights (licensee)
2. Background: Context of the agreement, including details of trademark ownership and registration
3. Definitions: Key terms used throughout the agreement including the trademark(s), territory, and licensed products/services
4. Grant of License: Scope and nature of the trademark license (exclusive/non-exclusive, territory, permitted uses)
5. Term and Termination: Duration of the agreement and conditions for termination
6. Quality Control: Standards and requirements for maintaining trademark quality and reputation
7. Usage Guidelines: Specific rules for trademark display, placement, and formatting
8. Royalties and Payments: Financial terms, payment schedule, and reporting requirements
9. Representations and Warranties: Parties' assertions regarding trademark ownership and authority to enter agreement
10. Protection of Rights: Obligations regarding trademark protection and infringement actions
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Co-branding Provisions: Include when the agreement involves combining trademarks or brand association
3. Export Restrictions: Include when there are specific territorial restrictions on export of branded products
4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
5. Insurance Requirements: Include when specific insurance coverage is required for trademark use
6. Change of Control: Include when agreement needs to address ownership changes of either party
7. Social Media Usage: Include when trademark use extends to social media platforms
8. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
1. Schedule A - Licensed Trademarks: Detailed list of all trademarks covered by the agreement, including registration numbers
2. Schedule B - Licensed Products/Services: Comprehensive list of products or services for which trademark use is permitted
3. Schedule C - Brand Guidelines: Detailed specifications for trademark usage, including color codes, dimensions, and placement
4. Schedule D - Quality Control Standards: Specific quality requirements and inspection procedures
5. Schedule E - Royalty Calculations: Detailed method for calculating royalties and payment terms
6. Schedule F - Approved Territories: List of geographic regions where trademark use is permitted
7. Appendix 1 - Trademark Specimens: Visual examples of approved trademark usage
8. Appendix 2 - Approval Procedures: Step-by-step process for obtaining approval for new trademark uses
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