Trade Mark Licence Agreement

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What is it?

A Trade Mark Licence Agreement is an agreement through which the owner of the trade mark (the licensor) gives approval to another person (the licensee) to use the trade mark. This licence allows the licensor to use the trade marks for particular purposes during a particular period of time.

Usually, a trade mark licence is expressed in a written contract specifying the scope of the licence.

Why do you need it?

Licensing can help a company expand into new markets effectively while lending the licensee an established name and reputation. The marketing efforts made by the licensee will in turn benefit the licensor's goods and goodwill.

Licensing of trade marks can also provide lucrative income for trade mark owners. Such income usually comes in the form of periodic payments known as "royalties".

A Trade Mark Licence Agreement helps parties to clarify important questions, like how the trade mark can be used, the duration and territory of the licence, and the responsibilities of both licensor and licensee.

Key clauses to watch for:

When drafting a Trade Mark Licence Agreement, it is important to focus on a number of key clauses, in particular:

  • Identification of the trade marks in question;
  • Licensee's products or services to be used with the trade marks;
  • Scope of how the trade marks can be used;
  • Payment of royalties;
  • Duration of the licence; and
  • Conditions for terminating the licence.

Trade Mark Licence Agreement Document

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