Trade Mark Use Agreement Template India

About this agreement

Title: AGREEMENT FOR USE OF TRADE MARK Format

Are you looking for a reliable and legally sound AGREEMENT FOR USE OF TRADE MARK Format to license your valuable trademark to another party? Our ready-to-use template in PDF/Word format is designed specifically for businesses in India, ensuring compliance with the Trade Marks Act, 1999, and protecting your intellectual property rights effectively.

An AGREEMENT FOR USE OF TRADE MARK Format, also known as a trademark license agreement, is a crucial legal document that outlines the terms under which a trademark owner (licensor) permits a third party (licensee) to use their registered trademark. This agreement is essential in preventing misuse, dilution, or infringement of your brand identity while allowing controlled usage for mutual benefit.

Why is an AGREEMENT FOR USE OF TRADE MARK Format Important?

In today's competitive market, trademarks are the cornerstone of brand recognition. Without a proper AGREEMENT FOR USE OF TRADE MARK Format, licensors risk unauthorized use, leading to legal disputes, financial losses, or brand devaluation. This format ensures clear boundaries on usage scope, duration, territory, and quality controls. For Indian businesses, it's vital under Section 48 of the Trade Marks Act, which mandates written agreements for licensing to maintain trademark validity. Key benefits include:

Risk Mitigation: Defines royalties, termination clauses, and infringement remedies.
Compliance Assurance: Meets court and company requirements for enforceable contracts.
Flexibility: Customizable for exclusive or non-exclusive licenses.
Professional Protection: Saves time and legal fees compared to drafting from scratch.

Whether you're a startup licensing a logo or a corporation expanding via partnerships, this AGREEMENT FOR USE OF TRADE MARK Sample safeguards your assets.

Key Elements of Our AGREEMENT FOR USE OF TRADE MARK Format

Our comprehensive legal template includes all essential sections for a robust agreement:

Parties Involved: Details of licensor and licensee, including addresses and trademark registration numbers.
Grant of License: Specifies rights granted (use, sub-licensing), territory (e.g., India-wide), and duration.
Royalties and Payments: Clear terms for fees, audits, and payment schedules.
Quality Control: Standards for product/service quality to protect brand reputation, with approval rights.
Intellectual Property Rights: Confirmation of ownership and indemnity against claims.
Confidentiality and Non-Compete: Clauses to prevent disclosure and competitive misuse.
Termination and Renewal: Conditions for ending the agreement and options for extension.
Governing Law: Jurisdiction (e.g., Indian courts) and dispute resolution mechanisms.
Signatures: Space for witnesses and execution dates.

This structure ensures the document is court-ready and adaptable to various industries like manufacturing, e-commerce, or services.

Who Should Use This AGREEMENT FOR USE OF TRADE MARK Sample?

Ideal for:

Brand Owners: Franchisors, manufacturers licensing logos to distributors.
Businesses in India: SMEs and corporates under Trademarks Registry guidelines.
Startups and Partners: For joint ventures or white-label products.
Legal Professionals: Quick base for client customizations.

Common use cases include software firms licensing icons, apparel brands authorizing retailers, or food chains permitting outlet signage.

Download Your Customizable AGREEMENT FOR USE OF TRADE MARK Template Today!

Get instant access to our free download option or upgrade to premium customizable versions with AI-assisted edits or legal review. Available in editable Word and print-ready PDF formats, ready to use right away.

Important Note: While this AGREEMENT FOR USE OF TRADE MARK Format is crafted by legal experts for general use in India, it's not a substitute for professional legal advice. Customize it to your specific needs and consult a trademark attorney to ensure full compliance with local laws. Explore related templates like Trademark Assignment Agreement, Non-Disclosure Agreement, or Franchise Agreement Format for comprehensive IP protection.

Protect your brand legacy—download now and license with confidence! (Word count: 582)

AGREEMENT FOR USE OF TRADE MARK

Non-Judicial

AGREEMENT FOR USE OF TRADE MARK

THIS AGREEMENT is made at ?..... this??. day of .???. between M/s. XYZ Co. a Company incorporated under the laws of???.... and having its office at .?????? of the One Part and M/s ABC Co. Ltd., a company registered under the Indian Companies Act, 1956, and having its registered office at... of the Other Part.

WHEREAS the Foreign Company is manufacturing a specialised article by name ... and which is sold by the Foreign Company under a registered Trade Mark, the particulars of which are given in the Schedule hereunder written.

AND WHEREAS the Indian Company is manufacturing the same product with the know-how and expert or technical advice and guidance of the Foreign Company in India under a separate agreement entered into between the parties hereto.

AND WHEREAS the Foreign Company declares that the Trade Mark is duly registered under the laws in ???..... and is valid and subsisting and the Foreign Company has a right to allow the same to be used by any party outside the said Country.

AND WHEREAS the Indian Company has requested the Foreign Company to allow the Indian Company to use the same Trade Mark In the sale of the said product in India and which the Foreign Company has agreed to do on the following terms and conditions agreed upon between the parties.

AND WHEREAS the Govt. of India has given Its approval to this agreement as is evidenced by the letter dated ... of the Govt. of India in the Ministry of Commerce and Industry.

AND WHEREAS it Is now proposed to record the said terms and conditions in the manner following .

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

The Foreign Company agrees to allow and hereby grants the exclusive right to use the said Trade Mark mentioned In the Schedule hereunder written in relation to the said product manufactured and sold by the Indian Company in India. during the remaining portion of the period for which the registration of the said Trade Mark shall stand valid or during the period c)f this agreement whichever period expires earlier.

The Indian Company shall get its name registered as the user of the said Trade Mark in India as required by the Indian Law and the Foreign Company will give its written consent to the application that will be made by the Indian Company to the Registrar of Trade Marks in India for that purpose. All expenses required for that purpose will be on account of the Indian Company.

The Indian Company will use the said Trade Mark only for the sale of the said product in India and not for any other goods or anywhere outside India.

The Foreign Company has agreed to allow the use of the said Trade Mark only If and so long as the said product is manufactured according to the specifications and standards laid down by the Foreign Company and with the help of the know-how supplied by the Foreign Company to the Indian Company. If at any time, the Foreign Company finds that the said product is not up to such specifications and standards the Foreign Company will be entitled to withdraw the license or permission granted by the Foreign Company by this agreement and to cancel this agreement giving three months' prior notice to the Indian Company in that behalf.

In the event of the cancellation of this agreement under the above mentioned clause or any other provision herein contained, the Indian Company will forthwith stop the usage of the said Trade Mark and withdraw all advertisements, posters and other material referring to the said Trade Mark in any manner. In such event, the registration of the Trade Mark for user will also be got cancelled by the Indian Company. ,

In all advertisements. labels or packings, posters, and other material in which the said Trade Mark is used, it will also be mentioned that the Trade Mark belongs to the Foreign Company and the Indian Company is allowed to use the same.

The Indian Company will be vigilant to see that the said Trade Mark or any other mark similar thereto is not used or passed off by any other person as the Trade Mark of that person and in the event of such use, shall take immediate legal action civil and/or criminal to prevent the use thereof or in the event of its being used to claim damages for infringement thereof. The Foreign Company will, in such event execute a power of attorney in favour of the Indian Company authorising the Indian Company to take such action, civil or criminal in the name of the Foreign Company provided that such action shall not be taken without the written consent of the Foreign Company and if taken shall not be further prosecuted unless it is ratified by the Foreign Company in writing.

Except the right to use the said Trade Mark during the subsistence of this agreement. the Indian Company shall not have or claim to have any other right to the said Trade Mark.

In consideration of the permission or licence to use the said Trade Mark the Indian Company shall pay to the Foreign Company in the manner following:

X X X X

All payments to be made by one party hereto to the other under this agreement shall be subject to the permission of the Reserve Bank of India and shall be made in the manner sanctioned by the said Bank.

The said Letters of approval issued by the Govt,. of India hereinbefore recited and hereto annexed, shall be deemed to form part of this agreement and any term of this agreement which is contrary to or inconsistent with any term or condition of the said letter. the same will be treated as void and of no effect.

The duration of this agreement shall be a period of... years, subject to the other provisions herein contained. The said period may be extended by mutual consent.

This agreement will be treated as terminated on the happening of any of the events below mentioned.

(i) If any party hereto commits breach of any provisions of this agreement and the party who is alleged to have committed breach Is served with a notice by the other party, three months prior to the intended date of termination by the other party and the former party has failed to amend the breach within the said period.

(ii) If any event happens which will make the performance of this agreement impossible Including any force majeure event.

(iii) If either the Indian Company or the Foreign Company goes into either voluntary or compulsory liquidation according to or under the law by which it is governed

(iv) If the parties hereto mutually agree to terminate this agreement.

All the sanctions, approvals, permissions, licenses and other requirements of the Government of India and of any statutory authorities required for giving effect to all the terms and conditions. of this agreement shall be obtained by the Indian Company.

In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to Arbitration of a common Arbitrator If agreed upon, otherwise to two Arbitrators one to be appointed by each of the parties to this agreement and such Arbitration shall be governed by the Indian Arbitration & Conciliation Act 1996. The venue for such Arbitration shall be ????... in India.

The validity of this agreement and the effect or meaning of the terms hereof will be decided according to the Indian Law.

Any communication by one party to the other shall be made by registered post through airmail, with acknowledgement due or by telex or fax or cable. In case the communication is made by telex or fax or cable, the same will be subsequently but immediately thereafter confirmed by written communication sent by registered post as aforesaid. Any evidence showing the communication was posted or telex, fax or cable communication was made will be sufficient to prove the posting or sending the communication.

In this agreement the expression know-how shall include technical information such as Inventories, formulae, process, engineering and manufacturing skill. scientific data, calculations, specifications, drawings, standards, sketches and all other relevant information and knowledge.

Each of the parties hereto shall be deemed to Include its successors or permitted assigns.

THE SCHEDULE ABOVE REFERRED TO

IN WITNESS WHEREOF the parties have put their respective seals the day and year first hereinabove written.

The common seal of M/s. ABC Co. Ltd.,

is hereunto affixed pursuant to the resolution of the

Board of Directors dated ????.... in the presence of

Mr???????...,a Director duly authorised in that behalf

The common seal of M/s. XYZ & Co. Ltd.,

is hereunto affixed pursuant to the resolution of the

Board of Directors dated?????.. in the presence of

Mr. ?????... a Director, duly authorised In that behalf.

Witnesses;

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Important Guidelines

Guidelines for Drafting an Agreement for Use of Trademark

Usage: An Agreement for Use of Trademark is a legal document used when the owner of a trademark grants another party the right to use their trademark for specific purposes, such as licensing, distribution, or marketing. This agreement is typically used in various business arrangements where trademark rights need to be shared or transferred.

Common Mistakes to Avoid:

Clear Identification: Clearly identify the trademark owner and the party being granted the rights, providing their full legal names, addresses, and contact information.

Trademark Description: Clearly describe the trademark, including its name, design, or any other distinctive elements that should be protected.

Scope of Use: Define the scope of use for the trademark, specifying the purposes, territories, and duration for which the trademark can be used.

Quality Control: Maintain quality control provisions to ensure that the trademark is used in a manner consistent with its reputation and standards.

Intellectual Property Rights: Specify that the trademark owner retains ownership of the trademark and that the agreement does not constitute a transfer of ownership.

Royalties and Fees: If applicable, outline any royalties, licensing fees, or compensation arrangements related to the use of the trademark.

Termination: Include provisions for terminating the agreement, specifying conditions and notice periods for termination.

Indemnification: Define responsibilities for legal liability and indemnification if trademark infringement issues arise.

Dispute Resolution: Establish a mechanism for resolving disputes, such as through arbitration or mediation.

Compliance: Ensure that the agreement complies with local and international trademark laws and regulations.

Legal Counsel: Seek legal advice or consult with intellectual property professionals to ensure that the agreement effectively protects the trademark owner's rights and interests.

By following these guidelines and avoiding common mistakes, both trademark owners and licensees can draft a robust Agreement for Use of Trademark that facilitates mutually beneficial partnerships while safeguarding the integrity and value of the trademark.

Frequently asked questions

What is an Agreement for Use of Trademark?→

This is a legal agreement in India where the trademark owner (licensor) grants another party (licensee) the right to use their registered trademark for specific goods/services under defined terms and conditions.

Is this Agreement for Use of Trademark legally valid in India?→

Yes, it is valid under the Trademarks Act, 1999, if properly executed, stamped as per state laws, and registered with the Trademark Registry if it's an exclusive license.

Do I need to pay stamp duty on the Agreement for Use of Trademark?→

Yes, stamp duty is required as per the Indian Stamp Act and varies by state based on the license fee or agreement value. Pay before execution to ensure enforceability.

In what format can I download the Agreement for Use of Trademark?→

Download it in editable Microsoft Word (.docx) or non-editable PDF format for convenience and legal use in India.

Can I customize or edit this Agreement for Use of Trademark?→

Yes, the template is fully customizable. Edit clauses to fit your needs, but consult an Indian lawyer to ensure compliance with trademark laws.

Who should use this Agreement for Use of Trademark in India?→

Trademark owners licensing their mark to manufacturers, distributors, franchisees, or affiliates should use this legal agreement to protect their IP rights.

AGREEMENT FOR USE OF TRADE MARK

Non-Judicial

AGREEMENT FOR USE OF TRADE MARK

AND WHEREAS the Govt. of India has given Its approval to this agreement as is evidenced by the letter dated ... of the Govt. of India in the Ministry of Commerce and Industry.

AND WHEREAS it Is now proposed to record the said terms and conditions in the manner following .

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

The Foreign Company agrees to allow and hereby grants the exclusive right to use the said Trade Mark mentioned In the Schedule hereunder written in relation to the said product manufactured and sold by the Indian Company in India. during the remaining portion of the period for which the registration of the said Trade Mark shall stand valid or during the period c)f this agreement whichever period expires earlier.

The Indian Company shall get its name registered as the user of the said Trade Mark in India as required by the Indian Law and the Foreign Company will give its written consent to the application that will be made by the Indian Company to the Registrar of Trade Marks in India for that purpose. All expenses required for that purpose will be on account of the Indian Company.

The Indian Company will use the said Trade Mark only for the sale of the said product in India and not for any other goods or anywhere outside India.

The Foreign Company has agreed to allow the use of the said Trade Mark only If and so long as the said product is manufactured according to the specifications and standards laid down by the Foreign Company and with the help of the know-how supplied by the Foreign Company to the Indian Company. If at any time, the Foreign Company finds that the said product is not up to such specifications and standards the Foreign Company will be entitled to withdraw the license or permission granted by the Foreign Company by this agreement and to cancel this agreement giving three months' prior notice to the Indian Company in that behalf.

In the event of the cancellation of this agreement under the above mentioned clause or any other provision herein contained, the Indian Company will forthwith stop the usage of the said Trade Mark and withdraw all advertisements, posters and other material referring to the said Trade Mark in any manner. In such event, the registration of the Trade Mark for user will also be got cancelled by the Indian Company. ,

In all advertisements. labels or packings, posters, and other material in which the said Trade Mark is used, it will also be mentioned that the Trade Mark belongs to the Foreign Company and the Indian Company is allowed to use the same.

The Indian Company will be vigilant to see that the said Trade Mark or any other mark similar thereto is not used or passed off by any other person as the Trade Mark of that person and in the event of such use, shall take immediate legal action civil and/or criminal to prevent the use thereof or in the event of its being used to claim damages for infringement thereof. The Foreign Company will, in such event execute a power of attorney in favour of the Indian Company authorising the Indian Company to take such action, civil or criminal in the name of the Foreign Company provided that such action shall not be taken without the written consent of the Foreign Company and if taken shall not be further prosecuted unless it is ratified by the Foreign Company in writing.

Except the right to use the said Trade Mark during the subsistence of this agreement. the Indian Company shall not have or claim to have any other right to the said Trade Mark.

In consideration of the permission or licence to use the said Trade Mark the Indian Company shall pay to the Foreign Company in the manner following:

X X X X

All payments to be made by one party hereto to the other under this agreement shall be subject to the permission of the Reserve Bank of India and shall be made in the manner sanctioned by the said Bank.

The said Letters of approval issued by the Govt,. of India hereinbefore recited and hereto annexed, shall be deemed to form part of this agreement and any term of this agreement which is contrary to or inconsistent with any term or condition of the said letter. the same will be treated as void and of no effect.

The duration of this agreement shall be a period of... years, subject to the other provisions herein contained. The said period may be extended by mutual consent.

This agreement will be treated as terminated on the happening of any of the events below mentioned.

(ii) If any event happens which will make the performance of this agreement impossible Including any force majeure event.

(iii) If either the Indian Company or the Foreign Company goes into either voluntary or compulsory liquidation according to or under the law by which it is governed

(iv) If the parties hereto mutually agree to terminate this agreement.

All the sanctions, approvals, permissions, licenses and other requirements of the Government of India and of any statutory authorities required for giving effect to all the terms and conditions. of this agreement shall be obtained by the Indian Company.

In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to Arbitration of a common Arbitrator If agreed upon, otherwise to two Arbitrators one to be appointed by each of the parties to this agreement and such Arbitration shall be governed by the Indian Arbitration & Conciliation Act 1996. The venue for such Arbitration shall be ????... in India.

The validity of this agreement and the effect or meaning of the terms hereof will be decided according to the Indian Law.

Any communication by one party to the other shall be made by registered post through airmail, with acknowledgement due or by telex or fax or cable. In case the communication is made by telex or fax or cable, the same will be subsequently but immediately thereafter confirmed by written communication sent by registered post as aforesaid. Any evidence showing the communication was posted or telex, fax or cable communication was made will be sufficient to prove the posting or sending the communication.

In this agreement the expression know-how shall include technical information such as Inventories, formulae, process, engineering and manufacturing skill. scientific data, calculations, specifications, drawings, standards, sketches and all other relevant information and knowledge.

Each of the parties hereto shall be deemed to Include its successors or permitted assigns.

THE SCHEDULE ABOVE REFERRED TO

IN WITNESS WHEREOF the parties have put their respective seals the day and year first hereinabove written.

The common seal of M/s. ABC Co. Ltd.,

is hereunto affixed pursuant to the resolution of the

Board of Directors dated ????.... in the presence of

Mr???????...,a Director duly authorised in that behalf

The common seal of M/s. XYZ & Co. Ltd.,

is hereunto affixed pursuant to the resolution of the

Board of Directors dated?????.. in the presence of

Mr. ?????... a Director, duly authorised In that behalf.

Witnesses;

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