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Brand Name License Agreement

Brand Name License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Brand Name License Agreement

"I need a Brand Name License Agreement for my Malaysian fashion retail company to license our brand to a distributor in Singapore and Indonesia, with strict quality control requirements and a 5% royalty rate, starting from March 2025."

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Document background
The Brand Name License Agreement is a crucial document used when a brand owner wishes to permit another party to use their brand name and associated intellectual property in Malaysia. This agreement is essential for businesses expanding through licensing arrangements while maintaining brand control and quality standards. It must comply with Malaysian legislation, particularly the Trade Marks Act 2019, Contracts Act 1950, and Competition Act 2010. The document typically includes detailed provisions on brand usage, quality control, royalty payments, territorial restrictions, and termination rights. It's particularly important in the Malaysian market where brand protection and licensing practices must align with local business customs and regulatory requirements. The agreement serves both to protect the brand owner's intellectual property rights and to provide the licensee with clear parameters for brand utilization.
Suggested Sections

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

2. Background: Context of the agreement, ownership of the brand, and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope and nature of the license granted (exclusive/non-exclusive, territory, field of use)

5. Licensed Brand: Detailed description of the licensed brand elements and associated intellectual property rights

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

7. License Fees and Payment Terms: Financial terms including royalties, minimum payments, and payment schedule

8. Quality Control: Standards, approval processes, and quality maintenance requirements

9. Use of the Brand: Permitted and restricted uses of the licensed brand

10. Protection of the Brand: Obligations regarding brand protection, infringement reporting, and enforcement

11. Representations and Warranties: Standard warranties about brand ownership, right to license, and non-infringement

12. Termination: Circumstances allowing termination and consequences

13. Post-Termination Obligations: Rights and obligations after agreement ends

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

Optional Sections

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

2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

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

4. Brand Guidelines: Include when detailed usage guidelines need to be contractually binding

5. Territory Restrictions: Include when license is limited to specific geographic regions

6. Online Usage: Include when brand will be used in digital contexts

7. Competition Restrictions: Include when there are non-compete or exclusivity provisions

8. Audit Rights: Include when licensor requires detailed audit rights beyond standard provisions

Suggested Schedules

1. Schedule 1 - Licensed Brand Elements: Detailed list and images of licensed trademarks, logos, and brand elements

2. Schedule 2 - Territory: Detailed description of geographic territories where license applies

3. Schedule 3 - Products/Services: List of approved products or services for brand usage

4. Schedule 4 - Quality Standards: Detailed quality control requirements and specifications

5. Schedule 5 - Brand Guidelines: Technical specifications for brand usage and style guide

6. Schedule 6 - Fee Structure: Detailed breakdown of royalties, minimum payments, and calculation methods

7. Schedule 7 - Approval Procedures: Step-by-step procedures for obtaining approvals for brand usage

8. Appendix A - Trademark Registrations: List of trademark registration numbers and status

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Licensed Brand
Licensed Products
Licensed Territory
Brand Guidelines
Quality Standards
Intellectual Property Rights
License Fee
Royalties
Net Sales
Confidential Information
Commencement Date
Initial Term
Renewal Term
Trademark
Trade Name
Brand Elements
Approved Use
Marketing Materials
Quality Control Procedures
Reporting Period
Cure Period
Force Majeure
Business Day
Intellectual Property Office
Governing Law
Licensed Services
Brand Standards
Approval Process
Minimum Performance Requirements
Payment Date
Quarter
Year
Termination Date
Background IP
Brand Manual
Permitted Purpose
Quality Control Representative
Selling Price
Term
Working Day
Clauses
Interpretation
Grant of License
Territory
Term
Renewal
License Fees
Royalty Payments
Quality Control
Brand Usage
Approval Requirements
Intellectual Property Protection
Confidentiality
Warranties
Representations
Indemnification
Insurance
Termination
Post-Termination Obligations
Record Keeping
Audit Rights
Assignment
Sub-Licensing
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Brand Protection
Competition Compliance
Regulatory Compliance
Performance Requirements
Marketing Requirements
Reports and Accounts
Amendment
Entire Agreement
Severability
Waiver
Further Assurance
Costs
Counterparts
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports

Hospitality

Education

Automotive

Healthcare

Manufacturing

Relevant Teams

Legal

Intellectual Property

Marketing

Business Development

Finance

Compliance

Quality Assurance

Operations

Brand Management

Commercial

Relevant Roles

Brand Manager

Legal Counsel

Intellectual Property Director

Commercial Director

Licensing Manager

Business Development Manager

Chief Marketing Officer

Compliance Officer

Contract Administrator

Quality Assurance Manager

Operations Director

Chief Executive Officer

Chief Financial Officer

Trademark Attorney

Industries
Trade Marks Act 2019: Primary legislation governing trademark registration, protection, and licensing in Malaysia. Essential for ensuring the brand name is properly protected and can be legally licensed.
Contracts Act 1950: Fundamental law governing formation and enforcement of contracts in Malaysia. Provides legal framework for the agreement's validity and enforceability.
Competition Act 2010: Regulates anti-competitive practices. Relevant for ensuring license terms don't create unfair market advantages or restrictions.
Consumer Protection Act 1999: Protects consumer interests and rights. Relevant when brand licensing affects consumer products or services.
Control of Supplies Act 1961: May be relevant if the branded products are regulated goods, affecting how the brand can be used and marketed.
Price Control and Anti-Profiteering Act 2011: Important when licensing arrangements include pricing controls or restrictions.
Companies Act 2016: Relevant for corporate governance aspects and ensuring parties have proper authority to enter into licensing agreements.
Electronic Commerce Act 2006: Applicable if the license agreement involves online commerce or digital brand usage.
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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