Trade Name License Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trade Name License Agreement

"I need a Trade Name License Agreement for my Hong Kong retail company to license our fashion brand name to a Singapore-based distributor starting March 2025, with strict quality control provisions and the right to sub-license in Southeast Asia."

Document background

A Trade Name License Agreement is a crucial legal document used when a business owner wishes to permit another party to use their trade name while maintaining control over its usage. This agreement is particularly important in Hong Kong's dynamic commercial environment, where brand protection and proper licensing are essential for business success. The document establishes the framework for legal use of the trade name, including territorial scope, quality standards, payment terms, and compliance requirements under Hong Kong law. It's commonly used in business expansions, franchising arrangements, or strategic partnerships where brand identity needs to be carefully controlled and protected. The agreement ensures compliance with Hong Kong's Trade Marks Ordinance and related intellectual property legislation while providing clear guidelines for both parties' rights and obligations.

Suggested Sections

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

2. Background: Context of the agreement, confirmation of ownership of the trade name, and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including 'Trade Name', 'Territory', 'Effective Date', etc.

4. Grant of License: Specific rights being granted, including scope, territory, and any restrictions on use

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

6. License Fees and Payment Terms: Financial terms, including license fees, payment schedule, and reporting requirements

7. Quality Control: Standards for use of the trade name and licensor's right to monitor and inspect

8. Protection of Trade Name: Obligations regarding protection and enforcement of trade name rights

9. Representations and Warranties: Statements of fact and promises by both parties

10. Infringement: Procedures for dealing with third-party infringement and cooperation between parties

11. Termination: Grounds for termination, notice requirements, and consequences of termination

12. Post-Termination Obligations: Obligations of parties after agreement ends, including cessation of use

13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to sub-license the trade name to others

2. Marketing and Promotion: Include when specific requirements for marketing and promoting the trade name are needed

3. Minimum Performance Requirements: Include when licensee must meet specific performance targets

4. Export Restrictions: Include when there are restrictions on using the trade name in other territories

5. Insurance Requirements: Include when specific insurance coverage is required for the licensee

6. Non-Competition: Include when restricting licensee's involvement with competing businesses

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

Suggested Schedules

1. Schedule 1 - Trade Name Specifications: Detailed description of the trade name, including any associated logos or marks

2. Schedule 2 - Territory: Detailed description of geographic areas where license is valid

3. Schedule 3 - Quality Control Standards: Detailed quality control requirements and procedures

4. Schedule 4 - Fee Structure: Detailed breakdown of all fees, royalties, and payment terms

5. Schedule 5 - Approved Usage Guidelines: Specific guidelines for how the trade name may be used, including format and placement

6. Schedule 6 - Reporting Requirements: Templates and procedures for required periodic reports

7. Appendix A - Prior Rights: List of any existing licenses or rights that may affect this agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Retail

Manufacturing

Hospitality

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Professional Services

Entertainment

Media and Publishing

Franchising

E-commerce

Relevant Teams

Legal

Commercial

Intellectual Property

Brand Management

Business Development

Compliance

Operations

Corporate Affairs

Risk Management

Marketing

Relevant Roles

Legal Counsel

Commercial Director

Intellectual Property Manager

Brand Manager

Business Development Manager

Compliance Officer

Contract Manager

Chief Legal Officer

Licensing Manager

Operations Director

Chief Executive Officer

Chief Commercial Officer

Corporate Secretary

Risk Manager

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Let's create your Trade Name License Agreement

Authors

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