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Trademark License Agreement

Trademark License Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trademark License Agreement

"I need a Trademark License Agreement for my luxury fashion brand to license our registered trademarks to a manufacturer in Hong Kong for producing and selling branded accessories across Asia, with strict quality control measures and a 5% royalty on net sales."

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Document background
A Trademark License Agreement is essential when a trademark owner wishes to permit another party to use their registered trademark(s) while maintaining control over their intellectual property. This document is particularly crucial in Hong Kong's commercial landscape, where international brand licensing is common and governed by specific local legislation including the Trade Marks Ordinance (Cap. 559). The agreement typically covers key aspects such as scope of use, territory restrictions, quality control measures, financial terms, and duration of the license. It's commonly used in various commercial scenarios, from international brand expansions to local merchandising arrangements, and requires careful consideration of both Hong Kong's intellectual property laws and commercial practices. The document serves to protect the trademark owner's rights while providing clear parameters for the licensee's authorized use of the mark.
Suggested Sections

1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses

2. Background: Context of the agreement, including details of trademark ownership and registration

3. Definitions: Key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.

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

5. Term and Termination: Duration of the license and circumstances under which it can be terminated

6. Payment Terms: License fees, royalties, payment schedule, and calculation methods

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

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

9. Representations and Warranties: Parties' assertions regarding trademark ownership, right to license, and other material facts

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

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Sub-licensing Rights: Include when Licensee is permitted to sub-license the trademark to third parties

2. Marketing and Promotion: Include when specific requirements for marketing and promoting licensed products are needed

3. Right of First Refusal: Include when Licensee is granted priority rights for additional territories or products

4. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

5. Change of Control: Include when agreement needs to address consequences of ownership changes

6. Export Restrictions: Include when there are specific territorial restrictions or export controls

7. Insurance Requirements: Include when specific insurance coverage is required for licensed activities

8. Post-Termination Obligations: Include when detailed wind-down provisions 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 list of products/services covered by the license

3. Schedule 3 - Quality Control Standards: Detailed quality control specifications and approval procedures

4. Schedule 4 - Royalty Calculations: Detailed formula and examples for calculating royalties

5. Schedule 5 - Brand Guidelines: Technical specifications for trademark usage and brand standards

6. Schedule 6 - Territory Definition: Detailed description of geographic territories covered by the license

7. Schedule 7 - Approved Manufacturing Facilities: List of approved facilities for producing licensed products

8. Appendix A - Trademark Specimens: Visual representations of the licensed marks

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

Fashion and Luxury Goods

Consumer Products

Entertainment and Media

Sports and Recreation

Food and Beverage

Technology

Manufacturing

Pharmaceuticals

Franchising

Merchandising

Education

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Compliance

Finance

International Operations

Product Development

Relevant Roles

Chief Legal Officer

Head of Intellectual Property

Commercial Director

Licensing Manager

Brand Protection Manager

Legal Counsel

Intellectual Property Counsel

Commercial Contracts Manager

Business Development Director

Brand Manager

Trademark Attorney

Compliance Officer

General Counsel

Chief Commercial Officer

Marketing Director

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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