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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."
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
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
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
Financial Services
Retail
Consumer Goods
Technology
Manufacturing
Fashion and Luxury
Food and Beverage
Pharmaceuticals
Entertainment
Media
E-commerce
Telecommunications
Legal
Intellectual Property
Finance
Treasury
Corporate Secretariat
Brand Management
Risk Management
Compliance
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
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