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Non Exclusive Trademark License Agreement

Non Exclusive Trademark License Agreement Template for Australia

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Key Requirements PROMPT example:

Non Exclusive Trademark License Agreement

"I need a Non-Exclusive Trademark License Agreement for my Australian food manufacturing company to license our registered food brand to multiple distributors in New Zealand, with quality control requirements and quarterly royalty payments of 5% of net sales."

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Document background
The Non-Exclusive Trademark License Agreement is essential for businesses seeking to monetize their intellectual property or expand their brand reach through controlled third-party usage. This document is particularly relevant in the Australian market where trademark protection is governed by the Trade Marks Act 1995 (Cth) and related regulations. It's typically used when a trademark owner wants to maintain control over their brand while allowing multiple licensees to use it, making it ideal for franchising, merchandising, or multi-channel distribution strategies. The agreement covers crucial aspects such as quality control measures, territorial restrictions, royalty structures, and termination rights, ensuring compliance with Australian intellectual property law while protecting both parties' commercial interests.
Suggested Sections

1. Parties: Identification of the Licensor (trademark owner) and Licensee with full legal names and addresses

2. Background: Context of the agreement, including trademark ownership details and the parties' intentions

3. Definitions: Defined terms used throughout the agreement, including Territory, Licensed Marks, Licensed Products/Services

4. Grant of License: Scope of the non-exclusive license, including permitted uses and territory

5. Term and Termination: Duration of the license and circumstances for termination

6. License Fees and Payment Terms: Financial terms including royalties, payment schedules, and reporting requirements

7. Quality Control: Standards for using the trademark and licensor's right to inspect and approve use

8. Protection of the Trademark: Obligations regarding trademark protection, infringement reporting, and enforcement

9. Representations and Warranties: Parties' assurances regarding trademark ownership, authority to license, and other key matters

10. Confidentiality: Protection of confidential information exchanged during the license relationship

11. General Provisions: Standard clauses including governing law, notices, amendment process, and dispute resolution

Optional Sections

1. Sublicensing Rights: Include when the licensee may be permitted to sublicense the trademark to third parties

2. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics

3. Marketing and Promotion: Include when specifying requirements for marketing activities and brand guidelines

4. Insurance Requirements: Include when requiring specific insurance coverage from the licensee

5. Export Control: Include when the licensed products may be subject to export regulations

6. First Right of Refusal: Include when granting the licensee priority rights for additional territories or products

7. Change of Control: Include when restrictions on assignment or change in ownership are needed

Suggested Schedules

1. Schedule 1 - Licensed Marks: Detailed list of licensed trademarks including registration numbers and classes

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

3. Schedule 3 - Territory: Detailed definition of geographic territories where license is valid

4. Schedule 4 - Quality Control Standards: Specific quality requirements and approval procedures

5. Schedule 5 - Fee Structure: Detailed breakdown of royalties, minimum payments, and calculation methods

6. Schedule 6 - Brand Guidelines: Technical specifications for trademark usage and brand standards

7. Appendix A - Reporting Templates: Standard forms for sales reports and royalty calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Consumer Goods

Manufacturing

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports and Recreation

Pharmaceuticals

Franchising

Merchandising

E-commerce

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Business Development

Compliance

Marketing

Finance

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Contract Administrator

Chief Legal Officer

Trademark Attorney

Compliance Officer

Marketing Director

Chief Commercial Officer

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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