Agreement For Use Of Trade Mark Legal Draft Template

AGREEMENT made at

__________this ___________day of ___________between Mr. _______________ carrying

on business at _____________Hereinafter referred to as `the Licensor' of the

One Part and Mr. _____________carrying on business at ____________ Hereinafter

referred to as the Licensee of the Other Part.WHEREAS1.

The

Licensor is the registered owner of a trade mark in connection with the goods

known as ____________ and which trade mark is registered under the Trade and

Merchandise Marks Act, 1999, and particulars thereof are given in the

Schedule hereunder written.2.

The

Licensor is suspending his business for some time in the area of

____________and, therefore at the request of the Licensee proposes to allow the

Licensees to use the said Trade Mark for some time in the said area for sale of

similar goods manufactured and sold by him on the following terms and

conditions:NOW IT IS AGREED BY

AND BETWEEN THE PARTIES HERETO AS FOLLOWS1. The Licensor hereby

gives license or permission to the Licensee to use the said trade mark

particulars whereof is given in the Schedule hereunder written for sale of

similar goods (as that manufactured by the Licensor) now being manufactured and

sold by the Licensee provided that, the said goods are wholly manufactured by

the Licensee alone.2. The Licensee

undertakes that the said goods will be sold by him under the said trade mark in

the said area only.3. The Licensee will not

be entitled to assign the said trade mark to or allow it to be used by any

other person.4. The duration of this agreement

will be for a period of two years from the date hereof.5. The Licensee will not

do any act whereby the registration of the said trademark will be jeopardized.6. The Licensee

guarantees that the quality of the said goods to be manufactured and sold by

him will be the same as that of the goods manufactured and sold by the

Licensor.7. The Licensee shall,

in consideration of the grant of this License, pay to the Licensor a sum of

Rs___________ per month as royalty, and such payment will be made on or before

the 5th day of each month in advance for that month. The amount for the current

month has been made on the execution of these presents and each subsequent

payment will be made on or before the 5th day of each succeeding month.8. The Licensor will be

entitled to inspect and to inquire as to whether the said trademark is being

properly used and the quality of the goods is as per the standard laid down by

the Licensor.9. If any person is

found to infringe the said Trade Mark the Licensee shall immediately inform the

Licensor to enable the Licensor to take suitable action in the matter.10. The Licensor will

have no objection to the Licensee applying to the Registrar of Trade Marks for

his being registered as a registered user of the trademark in the said area

under the said Act.11. The Licensor agrees

and undertakes that while selling the goods, in the said area, the Licensee

will, indicate that the trade mark is being used only by way of permitted use.12. If the Licensee

commits breach of any of the terms hereof the Licensor shall be entitled to

cancel this agreement by giving fifteen days prior notice to the Licensee to

that effect.13. On the termination of

the Licensee hereby granted by efflux of time or otherwise the Licensee shall

stop using the said trade mark for sale of his goods and if he does not do so

he will be liable to pay compensation to the Licensor at the rate of

Rs._____________ per day of such user.IN WITNESS WHEREOF

THE PARTIES hereto have put their respective hands the day and year first

hereinabove written.THE SCHEDULE ABOVE

REFERRED TOSigned and delivered by the within named Licensor

Mr.........................In the presence

of........................Signed and delivered by the within

named Licensee Mr.......................In the presence of............................