Trade Mark Royalty Agreement
Licences may be granted for any number of purposes and over a wide variety
of subject matter. In its simplest form, the relationship under many
licences will be a party which owns something allowing another party to use
that something in return for payment.
Payment under licences often takes the form of royalties – regular payments
which are generally a percentage of income generated by the licensee’s
This Trade Mark Royalty Agreement provides for such situations. The terms
of this agreement are sufficiently broad to cover single or multiple trade
marks. Moreover, although many terms pertain to registered trade marks, the
document is still suitable for use with unregistered trade marks. In
certain situations, you may wish to apply the contract to a combination of
The licence granted by this agreement may be either exclusive or
non-exclusive. Payment may be by royalties alone or by an initial fee
(usually paid on the date of the agreement) followed by royalties. An
advance against royalties is also provided for. This advance must be
recouped before royalty payments commence.
The terms and conditions of this Trade Mark Royalty Agreement are
substantially the same as those contained in the Trade Mark Licence (Short
Form) which is also available from Simply-docs. Users of either of these
documents will not need to download the other.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
This Trade Mark Royalty Agreement contains the following clauses:
1. Definitions and Interpretation
2. Grant of Rights
3. Scope of Licence
4. Licensor’s Rights and Obligations
5. Licensee’s Rights and Obligations
6. Payment, Royalties and Records
7. Licensor’s Warranties
8. Licensee’s Warranties
10. Limitation of Liability
13. Term and Termination
14. Post Termination
15. Non-Assignment of Agreement
17. Force Majeure
18. No Waiver
20. Law and Jurisdiction
and the following schedules:
1. The Trade Mark(s)
2. The Stated Purposes
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
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