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Exclusive Trademark License

Exclusive Trademark License Template for Hong Kong

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Key Requirements PROMPT example:

Exclusive Trademark License

"I need an Exclusive Trademark License agreement for my luxury fashion brand, granting exclusive rights to a Hong Kong-based licensee to manufacture and sell products under our marks throughout Southeast Asia, with strict quality control provisions and minimum annual sales requirements."

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Document background
The Exclusive Trademark License agreement is a crucial document for businesses seeking to monetize their trademark rights or expand their market presence through licensed partners in Hong Kong and beyond. This agreement type is particularly relevant in Hong Kong's dynamic commercial environment, where it serves as a gateway for many international brands entering Asian markets. The document provides a comprehensive framework for exclusive trademark licensing arrangements, covering essential elements such as quality control measures, royalty structures, and enforcement mechanisms. It is designed to comply with Hong Kong's Trade Marks Ordinance (Cap. 559) while also considering international trademark conventions. The agreement is typically used when a trademark owner wishes to grant exclusive rights to a single licensee in a specified territory, ensuring proper brand control while maximizing commercial opportunities.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, including details of trademark ownership and registration

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

4. Grant of License: Scope of the exclusive license, including territory, field of use, and confirmation of exclusivity

5. Term and Renewal: Duration of the license agreement and conditions for renewal

6. Quality Control: Requirements for maintaining quality standards of licensed products and licensor's right to inspect

7. Royalties and Payment Terms: Financial terms including royalty rates, payment schedules, and reporting requirements

8. Protection and Enforcement: Obligations regarding trademark protection, infringement actions, and cooperation in enforcement

9. Representations and Warranties: Parties' representations regarding trademark ownership, right to license, and other key assurances

10. Confidentiality: Obligations regarding confidential information shared during the license relationship

11. Termination: Grounds for termination, termination process, and post-termination obligations

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

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

3. Manufacturing Specifications: Include when licensed products require specific manufacturing standards or processes

4. Marketing and Promotion: Include when specific marketing obligations or restrictions are required

5. Right of First Refusal: Include when granting licensee priority rights for additional territories or products

6. Corporate Social Responsibility: Include when requiring specific ethical or sustainability standards

7. Anti-corruption Compliance: Include when dealing with international trade or government contracts

8. Data Protection: Include when personal data processing is involved in the licensed activities

Suggested Schedules

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

2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license

3. Schedule 3 - Territory: Detailed definition of geographic territories covered by the license

4. Schedule 4 - Quality Control Standards: Specific quality control requirements and procedures

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties

6. Schedule 6 - Approved Form of Trademark Notice: Specified format for trademark usage and attribution

7. Appendix A - Brand Guidelines: Visual guidelines for trademark usage and brand representation

8. Appendix B - Reporting Templates: Standard forms for sales reports and royalty calculations

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

Consumer Goods

Fashion and Luxury

Electronics

Food and Beverage

Pharmaceuticals

Cosmetics

Automotive

Entertainment

Sports and Athletics

Technology

Manufacturing

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Quality Assurance

Brand Management

Compliance

Marketing

Finance

Operations

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Commercial Director

Brand Manager

Licensing Manager

Contract Manager

Chief Commercial Officer

Business Development Director

Quality Assurance Manager

Trademark Attorney

General Counsel

Head of Intellectual Property

Commercial Contracts Manager

Chief Executive Officer

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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