Brand Name License Agreement Template for United States

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Key Requirements PROMPT example:

Brand Name License Agreement

"I need a Brand Name License Agreement for licensing our luxury fashion brand to a manufacturer in Japan and South Korea, starting March 2025, with strict quality control provisions and quarterly review requirements."

Document background
A Brand Name License Agreement is essential when a brand owner wishes to permit third parties to use their brand name and associated intellectual property in a controlled manner. This document, governed by United States federal and state laws, establishes the framework for brand licensing relationships, protecting the licensor's intellectual property rights while enabling the licensee to commercially exploit the brand. It's commonly used in situations ranging from merchandise licensing to franchise operations, covering crucial elements such as quality control, royalty payments, and usage restrictions. The agreement must comply with federal trademark laws, state contract laws, and relevant industry regulations, making it a vital tool for brand expansion and monetization while maintaining brand integrity and legal protection.
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 name, and purpose of the license

3. Definitions: Detailed definitions of key terms including Licensed Marks, Territory, Term, Licensed Products, etc.

4. Grant of License: Scope of the license granted, including territory, duration, and nature of rights

5. License Fees and Royalties: Payment terms, royalty rates, minimum guarantees, and payment schedules

6. Quality Control: Standards for use of the brand name, approval processes, and quality maintenance requirements

7. Protection of Licensed Rights: Obligations regarding trademark protection, infringement reporting, and enforcement

8. Representations and Warranties: Statements of fact and guarantees by both parties

9. Term and Termination: Duration of agreement, renewal terms, and termination conditions

10. Post-Termination Obligations: Requirements after agreement ends, including cease of use and disposal of materials

11. Confidentiality: Protection of confidential information shared during the relationship

12. General Provisions: Standard legal clauses including notices, assignment, amendment, and governing law

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the brand name to third parties

2. Digital Usage Terms: Include for licenses covering digital/online use of the brand

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

4. Exclusivity Provisions: Include for exclusive licensing arrangements

5. International Usage: Include for licenses covering multiple jurisdictions

6. Merchandising Rights: Include when license covers merchandise production

7. Social Media Usage: Include when brand usage extends to social media platforms

8. Co-Branding Provisions: Include when co-branding arrangements are permitted

Suggested Schedules

1. Schedule A - Licensed Marks: Detailed list and images of all licensed trademarks, logos, and brand elements

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

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

4. Schedule D - Royalty Rates: Detailed breakdown of royalty calculations and payment terms

5. Schedule E - Approval Procedures: Step-by-step procedures for obtaining licensor approval

6. Schedule F - Brand Guidelines: Technical specifications for brand usage including colors, fonts, and positioning

7. Appendix 1 - Territory Definition: Detailed description of geographic territories covered by the license

8. Appendix 2 - Reporting Templates: Standard forms for sales reports and royalty calculations

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

Entertainment

Sports

Technology

Food and Beverage

Hospitality

Media and Publishing

Gaming

Automotive

Education

Healthcare

Telecommunications

Relevant Teams

Legal

Brand Management

Intellectual Property

Commercial

Marketing

Business Development

Compliance

Finance

Operations

Product Development

Relevant Roles

Legal Counsel

Brand Manager

Licensing Director

Commercial Director

Intellectual Property Attorney

Business Development Manager

Chief Legal Officer

Marketing Director

Compliance Officer

Contract Manager

Brand Protection Manager

Licensing Operations Manager

Chief Commercial Officer

Trademark Attorney

Business Affairs Manager

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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