Non Exclusive Trademark License Agreement Template for Hong Kong

The Non-Exclusive Trademark License Agreement is essential for businesses seeking to monetize their trademark assets while maintaining control over their brand. This document is commonly used when a trademark owner wishes to generate revenue through licensing while retaining the flexibility to grant similar rights to multiple licensees. It's particularly relevant in Hong Kong's dynamic commercial environment, where international trade and brand licensing are common practices. The agreement must comply with Hong Kong's Trade Marks Ordinance and related regulations, making it suitable for both local and international businesses operating under Hong Kong law. The document typically includes detailed provisions for quality control, royalty payments, usage guidelines, and territorial restrictions, ensuring proper brand protection while facilitating commercial exploitation of the trademark.

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, confirmation of trademark ownership, and general intent of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including Licensed Marks, Territory, Term, and Licensed Products

4. Grant of License: Specific details of the non-exclusive license grant, including scope, territory, and any field-of-use restrictions

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Quality Control: Requirements for maintaining quality standards, approval processes for Licensed Products, and inspection rights

7. Royalties and Payments: Payment terms, royalty rates, calculation methods, reporting requirements, and audit rights

8. Use of the Trademark: Guidelines for proper trademark usage, marking requirements, and format specifications

9. Protection of the Trademark: Obligations regarding trademark protection, infringement notification, and enforcement actions

10. Representations and Warranties: Standard warranties regarding trademark ownership, right to license, and non-infringement

11. Indemnification: Mutual indemnification obligations for various risks and liabilities

12. Confidentiality: Protection of confidential information exchanged during the relationship

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