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Trademark Security Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trademark Security Agreement

"I need a Trademark Security Agreement under Hong Kong law to secure a HKD 10 million loan from ABC Bank Limited, using our company's portfolio of 5 registered fashion brand trademarks as collateral, with the security to be effective from March 1, 2025."

Document background
This document is used when a trademark owner wishes to grant a security interest over their trademark assets to secure financial obligations. A Trademark Security Agreement is commonly used in financing transactions, corporate restructurings, and secured lending arrangements in Hong Kong. The agreement must detail the specific trademarks being secured, the secured obligations, and the rights and obligations of both parties. It needs to comply with Hong Kong's legal requirements for both trademark law and security interests, including proper registration and recordal procedures. The document is particularly important in cross-border transactions where Hong Kong trademarks form part of a larger security package.
Suggested Sections

1. Parties: Identification of the grantor (trademark owner) and grantee (secured party)

2. Background: Context of the security arrangement, including reference to any underlying debt or obligations

3. Definitions: Key terms including 'Secured Obligations', 'Security Period', 'Secured Assets', 'Event of Default'

4. Grant of Security: Creation and scope of the security interest over the specified trademarks

5. Secured Assets: Detailed description of the trademarks subject to the security interest

6. Representations and Warranties: Grantor's declarations regarding ownership, validity, and status of the trademarks

7. Covenants: Grantor's ongoing obligations regarding maintenance, protection, and use of the trademarks

8. Registration and Recordal: Requirements for recording the security interest with relevant authorities

9. Enforcement: Rights and remedies of the secured party upon default

10. Release and Termination: Conditions and process for releasing the security interest

11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Further Assurance: Additional obligations to perfect or protect the security interest, used in complex cross-border situations

2. Power of Attorney: Appointment of the secured party as attorney-in-fact, included when stronger enforcement rights are required

3. Licensed Rights: Provisions dealing with trademark licenses, included when the secured trademarks are subject to licenses

4. Priority Arrangements: Used when there are multiple security interests or potential competing claims

5. Currency Provisions: Required when the secured obligations involve multiple currencies

6. Tax Provisions: Included when there are significant tax implications for the security arrangement

Suggested Schedules

1. Schedule 1 - Secured Trademarks: Detailed list of all trademark registrations and applications covered by the agreement

2. Schedule 2 - Secured Obligations: Description of the underlying obligations being secured

3. Schedule 3 - Form of Notice: Templates for notices to be filed with trademark registry

4. Schedule 4 - Existing Licenses: List of existing trademark licenses and key terms

5. Appendix A - Forms of Registration: Required forms for recording the security interest with relevant authorities

6. Appendix B - Power of Attorney Form: Standard form of power of attorney if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses

































Relevant Industries

Financial Services

Retail

Consumer Goods

Technology

Manufacturing

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Entertainment

Media

E-commerce

Telecommunications

Relevant Teams

Legal

Intellectual Property

Finance

Treasury

Corporate Secretariat

Brand Management

Risk Management

Compliance

Relevant Roles

General Counsel

IP Counsel

Legal Director

Chief Financial Officer

Finance Director

Corporate Lawyer

IP Manager

Brand Protection Manager

Trademark Attorney

Security Trustee

Commercial Director

Chief Legal Officer

Banking Lawyer

Corporate Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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