The Trademark Sublicense Agreement is a crucial document used when a master licensee wishes to extend trademark usage rights to third parties while maintaining control over the brand's integrity. This agreement is particularly relevant in the Australian market where trademark protection is governed by the Trade Marks Act 1995 (Cth) and related regulations. It is commonly used in franchise operations, brand expansions, and commercial partnerships where the original trademark owner has granted sublicensing rights to a master licensee. The agreement includes detailed provisions for quality control, royalty payments, territorial restrictions, and compliance requirements, ensuring that the trademark's value and reputation are protected while enabling commercial exploitation through authorized sublicensees.
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1. Parties: Identification of the sublicensor (who holds the master license) and sublicensee
2. Background: Context of the agreement, including reference to the master license agreement and confirmation of authority to sublicense
3. Definitions: Key terms used throughout the agreement, including definition of the licensed marks and territory
4. Grant of License: Scope of the sublicense, including permitted uses, exclusivity/non-exclusivity, and territory
5. Term and Renewal: Duration of the sublicense and conditions for renewal
6. Quality Control: Standards for use of the trademark and quality control requirements
7. Royalties and Payment: Financial terms, including royalty rates, payment schedules, and reporting requirements
8. Protection of the Trademark: Obligations regarding trademark protection, infringement reporting, and enforcement
9. Representations and Warranties: Parties' assertions about their authority and the trademark's validity
10. Use of the Trademark: Specific requirements and restrictions for trademark usage
11. Record Keeping and Audit Rights: Requirements for maintaining records and rights to audit
12. Termination: Circumstances allowing termination and post-termination obligations
13. General Provisions: Standard legal provisions including notices, governing law, and dispute resolution
1. Minimum Performance Requirements: Include when there are specific sales or performance targets that the sublicensee must meet
2. Sublicensing Rights: Include when further sublicensing is permitted, specifying conditions and restrictions
3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be imposed
4. Manufacturing Standards: Include for products where specific manufacturing or production standards must be met
5. Export Restrictions: Include when there are specific territorial restrictions or export controls
6. Insurance Requirements: Include when specific insurance coverage is required for the sublicensee
7. Change of Control: Include when restrictions on change in sublicensee ownership are needed
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks, including registration numbers and classes
2. Schedule 2 - Approved Products/Services: Comprehensive list of products or services covered by the sublicense
3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties
5. Schedule 5 - Brand Guidelines: Specific requirements for trademark usage and brand presentation
6. Schedule 6 - Territory Definition: Detailed description of the geographic territory covered by the sublicense
7. Schedule 7 - Approved Form of Trademark Notice: Required trademark notices and markings
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Entertainment
Sports and Recreation
Franchising
Pharmaceuticals
Automotive
Telecommunications
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Licensing
Marketing
Business Development
Compliance
Finance
Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Licensing Director
Commercial Manager
Franchise Manager
Business Development Manager
Contract Manager
Chief Legal Officer
Trademark Attorney
Compliance Officer
Marketing Director
Operations Manager
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