Trademark Licensing Agreement Example

Trademark licensing agreements are agreements between a trademark owner and a party who wants to use that trademark. This agreement sets out the terms and conditions of the use of the trademark and is an essential document for both parties. In this article, we will be discussing a trademark licensing agreement example.

Before we delve into an example, let`s first define what a trademark licensing agreement is. A trademark licensing agreement is a legal agreement between two parties. The first party is the trademark owner, and the second party is the licensee who will be using the trademark. This agreement outlines the conditions under which the licensee is authorized to use the trademark. It is essential to have a trademark licensing agreement in place to protect the rights of both parties.

Now, let`s look at an example of a trademark licensing agreement:

Trademark Licensing Agreement

This Agreement is made and entered into this _______ day of _________, _____, by and between [Trademark Owner], a [state] corporation, with its principal place of business at [address], (“Licensor”) and [Licensee], a [state] corporation, with its principal place of business at [address], (“Licensee”).

WHEREAS Licensor is the exclusive owner of the trademark [name of trademark] (the “Trademark”) and desires to grant to Licensee and Licensee desires to obtain from Licensor the right to use the Trademark in connection with the sale of certain products or services as set forth herein.

NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties agree as follows:

1. Grant of License. Licensor hereby grants to Licensee an exclusive, non-transferable, revocable license (the “License”) to use the Trademark in connection with the sale of [description of product or service] (the “Product”).

2. Term of License. The License shall be for an initial term of [insert number] years, commencing on the date of this Agreement, and shall automatically renew for successive [insert number] year terms unless either party provides the other with written notice of termination at least [insert number] days prior to the expiration of the then current term.

3. Quality Control. Licensee shall maintain the quality of the Product and ensure that all uses of the Trademark are in accordance with the standards established by Licensor. Licensor shall have the right to inspect the Product and the packaging of the Product at any time to ensure that the quality standards are being met.

4. Fees and Royalties. Licensee shall pay Licensor an annual fee of [insert amount] and a royalty of [insert percentage] of the net sales price of the Product.

5. Termination. Either party may terminate this Agreement at any time upon a material breach of this Agreement by the other party. Upon termination, Licensee shall immediately cease all use of the Trademark.

6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [state].

7. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

[Trademark Owner]

By: ___________________________

Name: ___________________________

Title: ___________________________

[Licensee]

By: ___________________________

Name: ___________________________

Title: ___________________________

As you can see from the example above, a trademark licensing agreement outlines the terms and conditions of the use of the trademark. It ensures that both parties are aware of their obligations and rights under the agreement. If you are considering entering into a trademark licensing agreement, it is essential to consult with an experienced attorney to draft an agreement that meets your specific needs and protects your rights.

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