Condom trademark license agreement
Before your cooperation of customized production, you need authorize your partner has the right to produce the condom in your own brand, so you need sign the trademark license agreement to your partner, or they also will face inspection from their authority and customs officers’ checking in site, they also need to show the goods brand’s registration certificate and the license agreement to make sure they can produce and seller under the right and legal way. Here is a template wildwide used in most countries.
Condom trademark license agreement
Month, Date, Year( 11.02.2020)
Company name (XXX), Address(xxxxxxx), hereinafter referred to as the “Licens hand, and Shandong Ming Yuan Latex Co., Ltd (Shandong Ming Yuan Latex Co., Ltd), hereinafter referred to as the “Licensee”, represented by the Director Liu XXX ( CEO), on the other hand, WHEREAS:
1 The Licensor has the exclusive right to the Trademark : xxx( Better attached the registered design of the trademark if has, or only write the words also is fine)
under the Trademark registration certificate No. XXXXXX, with priority claimed dated Month, Date, Year( 11.02.2020), registration date: Month, Date, Year( 11.02.2020), in relation to the goods and services under the classes Nos 05, 10, 35 of the International Classification of Goods and Services specified in the Certificate:
hereinafter referred to in the text of this Agreement as “Trademark”.
- The Licensee wishes to acquire, under the terms of this Agreement, the Non-exclusive license to use the Trademark for the purpose of use in civil circulation on the territory of the Russian Federation in relation to Goods and Services under Classes Nos05, 10, 35 of the International Classification of Goods and Services specified in the Certificate,
Have entered into the Agreement as follows:
1 Subject of the Agreement
1.1. The Licensor shall provide the Licensee, free of charge for the entire period of this Agreement, with the Non-exclusive license to use the Trademark on the territory of the Russian Federation in relation to Goods and Services unser Classes Nos 05, 10, 35 of the International Classification of Goods and Services specified in the Certificate,
by placing the Trademark:
1) on Goods, including on labels, packaging of goods that are produced, offered for sale, sold, displayed at exhibitions and fairs, or otherwise introduced into civil circulation on the territory of the Russian Federation, or stored or transported from for this purpose, or are imported into the territory of the Country name: xxx;
2) when performing work or providing Services;
3) on documentation related to the introduction of Goods into civil circulation;
4) in offers for the sale of Goods, for the performance of work, for the provision of Services, as well as in announcements, on signs and in advertising;
5) on the Internet, including in a domain name and other addressing methods.
1.2. The Licensee shall have the right to grant Sublicenses to third parties upon receipt of the Licensor’s written consent.
2 Rights and Obligations of the parties
2.1. The Licensor shall declare that at the time of signing this Agreement the Licensor is not aware of the third parties’ rights that could be violated by the provision of this License.
2.2. If any of the Parties becomes aware that this Trademark is illegally used by third parties, then they undertake to jointly take measures to stop the violation of rights to the Trademark, while the costs and (or) income incurred and (or) received by the Parties, shall be distributed equally.
2.3. In the event that claims or lawsuits are brought against the Licensee regarding violation of the rights of third parties in connection with the use of the License under this Agreement, the Licensee shall be obliged to notify the Licensor about this fact. The Licensor, together with the Licensee, shall undertake to settle such claims or provide legal defense, and all costs incurred by the Parties to settle claims or in connection with participation in litigation shall be distributed between the Parties in accordance with the additional agreement.
2.4. The Licensor shall bear the costs for registering the fact of granting the Non-exclusive right to use the Trademark in accordance with the terms of this Agreement.
2.5. The Licensor shall undertake to promptly justify the registration of the Trademark in force on the territory of the Russian Federation.
2.6. When using the Trademark, the Licensee shall be obliged to inform third parties
by all applicable means that the Trademark is being used under the License.
3 Quality. Parties’ responsibilities.
3.1. The Licensee shall be obliged to ensure that the quality of the Goods produced or sold by it, on which it places the Trademark, and the Services it provides using the Trademark, shall comply with the quality requirements established by the Licensor. The Licensor shall have the right to monitor compliance with this condition, and the Licensee shall undertake not to interfere with the exercise of this right by the Licensor.
3.2. For failure to comply with the terms of this Agreement, the Parties shall bear responsibility under the applicable legislation of the Russian Federation.
4 Duration of the Agreement.
4.1. This Agreement shall come into force from the moment it is signed by the Parties; signing shall be made through the exchange of scanned copies followed by the exchange of originals and shall be valid for the entire duration of the exclusive right to the Trademark, taking into account possible extensions.
4.2. The Licensor shall have the right to unilaterally terminate this Agreement, with registration of termination in the Patent Office of the Country. In this case, the Licensor, when deciding on early termination of the Agreement, shall be obliged to notify the Licensee in writing 2 (two) months before the proposed termination at the address specified in this Agreement.
4.3. In the event of early termination of this Agreement, or the Parties introduce amendments or additions to this Agreement, the Licensor shall undertake, if applicable, to register the relevant information at the Licensor’s own expense with the Patent Office of the Country.
5 Dispute settlement
5.1. In the event of disputes arising between the Licensor and the Licensee on issues provided for in this Agreement or in connection with it, the Licensor and the Licensee shall take all measures to resolve them through negotiations between themselves.
5.2. If it is impossible to resolve these disputes through negotiations, they shall be resolved in the Arbitration Court of the Krasnodar Krai in the prescribed manner.
6 Force majeure circumstances
6.1. None of the Parties to this Agreement shall be liable for complete or partial failure to fulfill their obligations under the Agreement if such failure has occurred as the result of the Force majeure circumstances that the Parties could neither foresee nor prevent, such as flood, fire, earthquake, lightning, hurricanes , tornadoes and other natural phenomena, as well as military actions, blockades, riots, strikes, prohibitions on exports and imports, or actions of government agencies that impede the execution of this Agreement.
6.2. The Party for which it is impossible to fulfill its obligations as a result of the events provided for in clause 6.1. shall be obliged to inform the other Party about the occurrence and termination of such circumstances immediately, but no later than 10 calendar days from the moment of their occurrence in writing.
6.3. In the event of the Force majeure circumstances, the Parties shall agree on the further fulfillment of the circumstances under this Agreement in the current conditions.
7 Other conditions and legal addresses of the Parties.
7.1. The rights and obligations of the either Party under this Agreement cannot be assigned to another legal entity or individual without the written permission of the other Party.
7.2. All amendments and additions to this Agreement shall be made in writing and signed by the authorized representatives of the Parties, and, if necessary, must be registered with the Patent Office of the Country.
7.3. This Agreement is executed in three counterparts in English, one for each of the Parties and one for the Patent Office of the Country, and all copies shall have equal legal force.
7.4. Parties’ legal addresses and signature:
Licensor:
Licensee:
