A Trademark Agreement is essential for businesses seeking to license their trademark rights in Saudi Arabia while maintaining control over their intellectual property. This document is used when a trademark owner wishes to grant another party the right to use their registered trademark in Saudi Arabia, whether for manufacturing, distribution, or other commercial purposes. The agreement must comply with Saudi Arabian law, including the Saudi Trademark Law (Royal Decree No. M/21) and GCC Trademark Law, while also considering Shariah principles. It provides comprehensive coverage of license terms, quality control measures, payment structures, and enforcement mechanisms. The document is particularly important given Saudi Arabia's growing commercial market and its recent joining of the Madrid Protocol, making it vital for both domestic and international trademark transactions.
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1. Parties: Identification of the trademark owner (licensor) and the party receiving rights to use the trademark (licensee), including full legal names and addresses
2. Background: Context of the agreement, ownership confirmation of the trademark, and general intent of the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific trademark-related terminology
4. Grant of Rights: Specific rights being granted, including scope of use, territory, and whether the license is exclusive or non-exclusive
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Quality Control: Standards and specifications for trademark usage, including quality control measures and approval processes
7. Usage Guidelines: Specific requirements for how the trademark must be displayed, used, and protected
8. Fees and Royalties: Payment terms, including license fees, royalties, and payment schedules
9. Protection and Enforcement: Obligations regarding trademark protection, infringement reporting, and enforcement actions
10. Representations and Warranties: Statements of fact and guarantees from both parties regarding the trademark and their authority
11. Termination: Grounds for termination, termination procedures, and post-termination obligations
12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for dispute resolution
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Export Restrictions: Include when there are specific territorial restrictions or export controls
3. Social Media Usage: Include when the trademark will be used on social media platforms
4. Corporate Social Responsibility: Include when there are specific ethical or religious compliance requirements
5. Translation Rights: Include when the trademark may be translated into Arabic or other languages
6. E-commerce Provisions: Include when the trademark will be used in online commerce
7. Force Majeure: Include specific provisions for unforeseen circumstances affecting trademark usage
1. Schedule 1: Trademark Specifications: Detailed description of the trademark, including registration numbers and classes
2. Schedule 2: Approved Usage Examples: Visual examples of approved trademark usage and formatting
3. Schedule 3: Quality Control Standards: Detailed quality control procedures and standards
4. Schedule 4: Territory Definition: Specific geographic areas where the trademark may be used
5. Schedule 5: Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Appendix A: Trademark Registration Certificates: Copies of trademark registration certificates in Saudi Arabia and other relevant jurisdictions
7. Appendix B: Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Manufacturing
Fashion and Luxury
Food and Beverage
Technology
Pharmaceuticals
Automotive
Entertainment
Education
Professional Services
Hospitality
E-commerce
Sports and Recreation
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Commercial
Brand Management
Marketing
Business Development
Compliance
Risk Management
Corporate Affairs
International Business
Product Development
Relevant Roles
Intellectual Property Counsel
Legal Director
Commercial Director
Brand Manager
Licensing Manager
Compliance Officer
Chief Legal Officer
Business Development Manager
Contract Manager
General Counsel
Trademark Attorney
Chief Executive Officer
Chief Commercial Officer
Marketing Director
Risk Manager
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