Trademark Licensing Agreement
A Trademark Licensing Agreement is a legal document that enables a company (a licensor) to grant the exclusive or non-exclusive use of its trademark to another business (a licensee) and also allows the licensor to set out the terms associated with the use of its trademark.
4.8 (5 reviews)
Last updated January 22, 2025
Under 15 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
A trademark Licensing Agreement does not allow a licensor to transfer ownership of the trademark to another person or business. The trademark Licensing Agreement merely grants the right to use the trademark under the terms set out in the agreement.
This legal document incorporates general legal matters relating to the execution and nature of the licence as well as the licensee’s obligations under the agreement; such as licence fees, confidentiality, indemnity and the expiration or termination of the licence.
The Legal Risk Score of a Trademark Licensing Agreement Template
Our legal team have marked this document as medium risk considering:
- This document can only be implemented in a context where a trademark has been registered.
- The document places the responsibility on the licensee to ensure quality control and maintain records, which could lead to potential financial and operational burdens if not managed properly.
- The obligation to monitor and report on trademark infringement and other related issues requires vigilance and proactive management, which could be resource-intensive.
Users with some knowledge of trademark agreements and business operations may find this document manageable, but it is advisable to have access to legal and professional advice to navigate the complexities and fulfill the obligations effectively.
Trademark Licensing Agreement Checklist
Complete your free Trademark Licensing Agreement with our checklist
Maintain Accurate Records
The Licensee must maintain in sufficient detail for a period of 7 years separate and accurate records and accounts that are prepared in compliance with Australian accounting standards.
Quality Control Compliance
The Licensee must ensure that the Goods are manufactured and sold, and the Services are supplied by the Licensee in accordance with the Licensor's directions as to the standards of quality, production, and processing.
Monitor and Enforce Trademark Use
The Licensee must accompany the Trademarks with words indicating that they are the Licensor's registered Trademarks whenever used, and not use any other Trademark or logo in its business which is likely to cause deception or confusion among the public.
Use this Trademark Licence Agreement if:
- You want to grant someone the use of your trademark, but do not want to transfer ownership of the trademark.
- You want to ensure that the person using your trademark uses it in a manner that was intended or agreed upon by you, and that they are aware of the consequences of non-compliance.
What does this Trademark Licence Agreement cover?
- Duration, jurisdiction and nature of the licence.
- Nature of the trademark as well as its supply and use.
- Warranties and indemnities
- Licensee’s obligations: Licence Fees, Royalties, Stamp Duty, and GST.
- Expiration, termination and revocation of the licence
Further information:
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