Trademark License Agreement Template for Australia

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Key Requirements PROMPT example:

Trademark License Agreement

"I need a Trademark License Agreement for my Australian cosmetics company to license our registered trademark to a distributor in New Zealand, with exclusive rights for 5 years starting January 2025 and including quality control provisions for luxury beauty products."

Document background
The Trademark License Agreement is a crucial document used when a trademark owner wishes to permit another party to use their registered trademark(s) in Australia while maintaining control over their intellectual property. This agreement type is essential for businesses expanding through licensing arrangements and needs to comply with Australian trademark law, particularly the Trade Marks Act 1995 and related regulations. It contains detailed provisions about the scope of the license, quality control measures, financial terms, and territory restrictions. The agreement is commonly used in various commercial contexts, from brand expansions to merchandising deals, and must incorporate specific provisions required under Australian law to ensure enforceability and protection of the trademark owner's rights. It serves as both a commercial and legal framework for the relationship between the licensor and licensee.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

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

3. Definitions: Defined terms used throughout the agreement, including the Licensed Marks, Territory, and Licensed Products/Services

4. Grant of License: Scope of the license granted, including whether exclusive or non-exclusive, and territorial limitations

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

6. License Fees and Royalties: Financial terms including upfront fees, ongoing royalties, and payment terms

7. Quality Control: Standards for use of the trademark and Licensor's right to monitor and approve use

8. Use of the Trademark: Specific requirements and restrictions for trademark usage

9. Licensee Obligations: Key responsibilities of the Licensee in using and protecting the trademark

10. Protection of the Trademark: Obligations regarding trademark protection, infringement reporting, and enforcement

11. Representations and Warranties: Standard warranties regarding trademark ownership and right to license

12. Termination: Grounds for termination and post-termination obligations

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Sub-licensing Rights: Include when Licensee is permitted to sub-license the trademark to third parties

2. Minimum Performance Requirements: Include when there are specific sales targets or performance metrics required

3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

4. Product Development: Include when Licensee will develop new products under the trademark

5. Export Restrictions: Include when there are specific territorial restrictions or export controls

6. Insurance Requirements: Include when specific insurance coverage is required for the Licensee

7. Change of Control: Include when agreement needs to address ownership changes of either party

8. Dispute Resolution: Include when specific dispute resolution mechanisms (mediation/arbitration) are required

Suggested Schedules

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

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

3. Schedule 3 - Territory: Detailed description of geographic territories where license is valid

4. Schedule 4 - Quality Control Standards: Specific quality standards and specifications for licensed products/services

5. Schedule 5 - Brand Guidelines: Detailed guidelines for trademark usage and brand representation

6. Schedule 6 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

7. Schedule 7 - Approved Sub-licensees: List of approved sub-licensees if sub-licensing is permitted

8. Appendix A - Trademark Specimens: Visual representations of the licensed trademarks

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Technology

Food and Beverage

Entertainment

Sports

Manufacturing

Pharmaceuticals

Automotive

Media and Publishing

Software and Gaming

Franchising

Hospitality

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Compliance

Marketing

Brand Management

Corporate Affairs

Licensing

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Manager

Commercial Director

Licensing Manager

Chief Legal Officer

Business Development Manager

Trademark Attorney

Compliance Officer

Chief Executive Officer

Contract Manager

Marketing Director

Chief Commercial Officer

General Counsel

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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