Legaljini

Trademark Licence and Royalty Agreement

Under this agreement the owner of a trademark allows another person to use his trademark in relation to a specific good and services for a royalty to be paid at a fixed percentage on the gross/net sales in relation to said goods. "TRADEMARK is a form of intellectual property law which is mainly related to commerce and industry. It is a link between the goods or services and the manufacturer or seller of the goods or service provider as identification in the form of name, brand, heading, label, symbol, ticket, signature, word, letter or numerical or any combination thereof. Whereas a trademark license is basically an agreement between a trademark owner (the “licensor”) and an individual or business entity (“the “licensee”) whereby the licensor grants the licensee permission to use the licensor’s trademark in connection with specific products or services. “Royalty on brand name/trade mark shall be paid as a percentage of net sales, viz., gross sales less agents’/dealers’ commission, transport cost, including ocean freight, insurance, duties, taxes and other charges, and cost of raw materials, parts, and components imported from the foreign licensor or its subsidiary/ affiliated company.” "

₹ 1075.00

1

What is a Trademark?

Ans.

Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of other.

2

What are "Well-known Trademarks"?

Ans.

They are trademarks which have become so well-known to the public that the use of such mark in relation to other goods or services would indicate a trade connection between those goods or services and a person using the mark in relation to the first-mentioned goods or service.

3

What are "Associated Trademarks"?

Ans.

Associated Trademarks means trademarks which are registered as associated trademarks under this Act.

4

What is the term of a registered trademark?

Ans.

The initial registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.

5

What is the meaning of "Service"?

Ans.

It is a service of any description which is available to potential users and includes the provision of services in connection with business of any industrial or commercial matters.

 

STEP 1

Fill in the blank spaces. Delete instructions highlighted in grey.

Fill in the blank spaces. Delete instructions highlighted in grey. E.g. Name, address, date etc.

 

 

 

STEP 2

Alternations: 

Add or delete a clause according to your needs. Re-check the document.

 

 

 

STEP 3

Stamp Paper

The Stamp Duty value will be made available to you at your legaljini account on purchase of the document.

 

Stamp Duty Payment option 1

If you wish to print Agreement on Stamp Paper, you can buy from court/ Stamp office and said Stamp paper will be used as 1st page of Agreement. If you wish to have 2 copies of Agreement you should buy 2 Stamp Papers (one Stamp Paper for each copy)

 

Stamp Duty Payment option 2

If you have facility of franking for Stamp Duty payment at nearest bank, you need to print the Agreement & get franking done. If you wish to have 2 copies of Agreement you should frank 2 copies (one copy for each party)

 

 

 

 

Ledger Paper

The rest of the document must be printed on SINGLE SIDES OF A SHEET of Ledger Paper

 

Available at:

This Legal Size Green Paper is available at any stationery shop.

 

 

 

STEP 4

Printing on Legal Paper:

 

 

On Stamp Paper

Print ONLY on the blank portion of the stamp paper.

 

On Ledger Paper

Print on a SINGLE SIDE of a sheet of Ledger Paper.

 

 

 

STEP 5

Number of Copies Needed:

Trademark Agreements with Agency are generally executed in Duplicate and duplicate is also required to be stamped accordingly.

 

 

 

STEP 6

Photographs & Signatures/ Thumb Impression & Initials:

The concerned parties must put their initials or marks at the end of each and every page and also next to corrections/alterations made if any and must sign and affix his/her/their mark and recent passport size photographs against their names. 

 

 

 

STEP 7

Witness Attestation (Both Parties):

Document must be attested by at least two witnesses.

 

 

 

STEP 8

Attached Documents:

Form of Assignment or License is also required to be filed with the Registrar of Trademarks.

 

 

 

STEP 9

Registration/ Notary

Registration or Notary is mandatory for some documents. If you need clarification you may contact our Helpline at support@legaljini.com 

 

 

 

You Need to Know:

N.A.

 

 

 

Please contact our Helpline if you have any difficulty.