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Simple Trademark License Agreement

Simple Trademark License Agreement Template for Australia

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Key Requirements PROMPT example:

Simple Trademark License Agreement

"I need a Simple Trademark License Agreement for my Australian fashion retail company to license our registered clothing brand trademark to a manufacturer in New Zealand, with the agreement to commence on March 1, 2025, including quality control provisions and quarterly royalty payments."

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Document background
A Simple Trademark License Agreement is essential when a trademark owner wishes to permit another party to use their registered trademarks while maintaining control over their intellectual property. This document, governed by Australian law, particularly the Trade Marks Act 1995 (Cth) and related legislation, establishes the terms under which trademarks can be used, including quality control measures, payment obligations, and usage restrictions. It's commonly used in commercial arrangements ranging from straightforward brand licensing to more complex co-branding initiatives. The agreement protects both parties by clearly defining their rights and obligations while ensuring the trademark's value and reputation are maintained. Typically used when full franchising arrangements are unnecessary but formal trademark usage rights are required.
Suggested Sections

1. Parties: Identification of the Licensor (trademark owner) and Licensee with full legal names and addresses

2. Background: Context of the agreement, confirmation of trademark ownership, and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products/Services'

4. Grant of License: Specific rights being granted, including type of license (non-exclusive/exclusive), permitted uses, and any restrictions

5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination

6. License Fees and Payment: Financial terms including license fees, royalties, payment schedule, and reporting requirements

7. Quality Control: Standards for using the trademark, approval processes, and quality maintenance requirements

8. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and cooperation in enforcement

9. Representations and Warranties: Basic warranties about trademark ownership, right to license, and non-infringement

10. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Sublicensing Rights: Include when the licensee is permitted to sublicense the trademark to third parties

2. Territory Restrictions: Include when the license is limited to specific geographic regions

3. Marketing and Promotion: Include when specific requirements for marketing and promoting licensed products/services are needed

4. Minimum Performance Requirements: Include when setting specific sales targets or minimum usage requirements

5. Insurance: Include when requiring the licensee to maintain specific insurance coverage

6. Post-Termination Obligations: Include when specific requirements for handling remaining inventory or transitioning after termination are needed

7. Confidentiality: Include when sharing of confidential information is involved beyond standard trademark usage

Suggested Schedules

1. Schedule A - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes

2. Schedule B - Licensed Products/Services: Comprehensive list of products or services for which the trademark may be used

3. Schedule C - Brand Guidelines: Specific requirements for trademark usage, including size, color, placement specifications

4. Schedule D - Quality Control Standards: Detailed quality control requirements and approval processes

5. Schedule E - Fee Schedule: Detailed breakdown of license fees, royalty calculations, and payment terms

6. Appendix 1 - Approval Request Form: Standard form for requesting approval for new uses of the trademark

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses


























Relevant Industries

Retail

Manufacturing

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Pharmaceuticals

Professional Services

Sports and Recreation

Media and Publishing

Franchising

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Marketing

Business Development

Compliance

Quality Assurance

Corporate Affairs

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Compliance Officer

Contract Manager

Marketing Director

Quality Assurance Manager

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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