The Trade Mark Licence Agreement is essential when a trademark owner wishes to permit another party to use their registered mark while maintaining control over its usage. This document, governed by Singapore law, establishes the framework for authorized use of the trademark, including quality standards, territorial limits, and compensation terms. It's particularly crucial in franchising, brand expansion, and commercial partnerships, ensuring compliance with Singapore's Trade Marks Act and protecting the trademark owner's intellectual property rights while enabling commercial exploitation of the brand.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and ownership of the trademark
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope and nature of the licence granted
5. Term and Territory: Duration and geographical scope of the licence
6. Fees and Payment Terms: Licensing fees, royalties, and payment schedules
7. Quality Control: Standards and requirements for use of the trademark
8. Protection and Enforcement: Rights and obligations regarding trademark protection
9. Termination: Circumstances and procedures for ending the agreement
1. Sub-licensing Rights: Provisions governing the licensee's right to grant sub-licenses to third parties
2. Minimum Performance Requirements: Specific performance targets, minimum sales or usage requirements for the licensee
3. Marketing and Promotion: Requirements and guidelines for marketing and promoting the licensed products or services
1. Schedule 1 - Licensed Marks: Details and representations of the licensed trademarks
2. Schedule 2 - Licensed Products/Services: List of products or services covered by the licence
3. Schedule 3 - Quality Control Standards: Detailed quality requirements and specifications
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and royalty calculations
5. Schedule 5 - Approved Form of Mark: Approved formats and usage guidelines for the trademark
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