Trade Mark (Product) Licence
TR.C&L.08.01
This Trade Mark Licence is designed for use in situations whereby one party
owns the rights to (and the intellectual property subsisting in) a trade
mark and another party (the licensee) wishes to use that trade mark. The
terms of this licence set out in detail the terms and conditions governing
the licensee’s use of the trade mark.
This licence is a comprehensive document designed to govern the application
of the owner’s trade mark in relation to a product. It is important to note
that the terms of this licence are suitable only for use with products. A
short form trade mark licence agreement is also available which is designed
for use with both products and services.
The licence granted under this agreement may be exclusive, sole or
non-exclusive. A high degree of control is bestowed upon the owner of the
trade mark. The trade mark owner has involvement in and control over the
manufacturing process, advertising, marketing, promotion and merchandising.
As such, this template allows the trade mark owner to safeguard their trade
mark to a considerable extent.
Payment under this licence takes the form of royalties which are payable at
predefined intervals. The licensee is also required to maintain detailed
records with respect to royalties and must also allow for inspection by the
licensor.
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 Licence contains the following clauses:
1. Definitions and Interpretation
2. Commencement and Duration
3. Licence
4. Extent of Licence
5.Title and Goodwill
6. Trade Mark Registrations
7. Registration of Permitted User
8. Duties of the Parties
9. Royalty
10. Taxes and Withholdings
11. Technical Assistance
12. Quality Control and Approval Procedures
13. Advertising and Marketing
14. Sales Promotion
15. Marketing Plan / Merchandising Plan
16. Distribution
17. Compliance with Applicable Laws
18. Identification
19. Indemnity
20. Infringement
21. Disclosure and Confidentiality
22. Assignment and Sub-Licensing
23. Change of Control of the Licensee
24. Termination
25. Effect of Termination
26. Force Majeure
27. Entire Agreement
28. Rights Cumulative and other Matters
29. Further Assistance
30. Costs
31. Invalidity
32. Notices
33. Time of the Essence
34. Relationship of the Parties
35. Liability for the Acts and Omissions of Others
36. Law and Jurisdiction
And the following Schedules:
1. The Marks (Registered)
2. The Marks (Unregistered)
3. Commencement Date
4. Products
5. Territory
6. Royalty
7. Advertising Expenditure
8. Confidentiality Covenant
9. Sub-Licensees
10. Sub-Licence Agreement
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
Once you have purchased access to the appropriate document folder click on
the “Download Document” button below. You will be asked what you want to do
with the file. It is recommended that you save the document to a location
of your choice prior to viewing.