Trade Mark Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trade Mark Licence Agreement

"I need a Trade Mark Licence Agreement for my fashion brand to license our logo to a manufacturer in Germany for a 3-year term starting January 2025, with strict quality control provisions and quarterly royalty payments."

Document background
A Trade Mark Licence Agreement is essential when a brand owner wishes to permit others to use their trade marks while maintaining control over their intellectual property. This document, governed by English and Welsh law, establishes the framework for legal brand usage, including quality control measures, territorial restrictions, and compensation structures. It's particularly crucial for businesses expanding through licensing or franchising, ensuring brand consistency while generating revenue through royalties. The agreement must comply with UK trade mark legislation and competition law requirements.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal details

2. Background: Context of agreement, ownership of marks, and purpose of licence

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Scope and nature of licence (exclusive/non-exclusive/sole)

5. Territory: Geographical scope of the licence

6. Term and Termination: Duration and termination provisions

7. Quality Control: Standards and monitoring of licensed products/services

8. Fees and Royalties: Payment terms and calculation methods

Optional Sections

1. Sub-licensing Rights: Include when licensee may grant sub-licences

2. Marketing Requirements: Include for detailed marketing obligations

3. Minimum Performance Requirements: Include when setting specific performance targets

4. Development Rights: Include when licensee may develop new marks or variations

Suggested Schedules

1. Licensed Marks: Details and representations of licensed trade marks

2. Products/Services: Specified products/services covered by licence

3. Quality Standards: Detailed quality requirements and specifications

4. Royalty Calculations: Detailed methodology for calculating royalties

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Trade Marks Act 1994: Primary UK legislation governing trade marks, implementing the EU Trade Marks Directive. Key sections 28-31 cover licensing, registration requirements, validity, rights conferred by registration, and infringement provisions.

Trade Mark Regulations 2018: Secondary legislation containing post-Brexit amendments to trade mark law and updated procedural requirements for trade mark registration and management.

Competition Act 1998: Legislation governing competition law in the UK, including provisions affecting licensing agreements and prevention of anti-competitive practices.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts, relevant for sub-licensing and assignment provisions.

Consumer Rights Act 2015: Framework for consumer protection, relevant if licensed products or services are provided to end consumers.

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair practices, relevant for consumer-facing licensed products or services.

Copyright, Designs and Patents Act 1988: Primary legislation for other IP rights, relevant where trade mark licensing intersects with other forms of intellectual property.

Trade Secrets (Enforcement, etc.) Regulations 2018: Legislation protecting confidential business information, relevant for confidentiality provisions in licensing agreements.

Madrid Protocol: International treaty governing the international registration system for trade marks, relevant for international licensing arrangements.

Paris Convention: International treaty providing framework for intellectual property protection, including trade mark rights and priority claims.

TRIPS Agreement: International agreement setting minimum standards for intellectual property regulation, including trade mark protection and enforcement.

Retained EU Law: Body of former EU legislation retained in UK law post-Brexit, including relevant trade mark and competition law principles from EU jurisprudence.

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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