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Exclusive Trademark License Agreement

Exclusive Trademark License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Trademark License Agreement

"I need an Exclusive Trademark License Agreement for my Japanese cosmetics company to license our registered trademarks to a Malaysian distributor, starting March 2025, with strict quality control provisions and minimum annual sales requirements."

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Document background
This Exclusive Trademark License Agreement is essential for businesses seeking to grant or obtain exclusive rights to use registered trademarks in Malaysia. The agreement is structured in accordance with Malaysian law, particularly the Trademarks Act 2019 and the Contracts Act 1950, and is commonly used when a trademark owner wishes to license their intellectual property to a single entity within a specified territory. It's particularly relevant for international brands entering the Malaysian market through local partners, or for Malaysian companies expanding their brand presence through licensed manufacturers or distributors. The document covers crucial aspects such as exclusivity terms, quality control measures, royalty structures, and compliance with local regulations. It's designed to protect both the licensor's intellectual property rights and the licensee's commercial interests while ensuring proper trademark usage and brand value maintenance.
Suggested Sections

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

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

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

4. Grant of License: Scope of the exclusive license, including territory, field of use, and duration

5. License Fees and Royalties: Financial terms including upfront payments, royalty rates, calculation methods, and payment terms

6. Quality Control: Standards for product quality, inspection rights, and approval procedures

7. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions

8. Representations and Warranties: Parties' assertions about trademark ownership, authority to license, and non-infringement

9. Term and Termination: Duration of agreement, renewal terms, and grounds for termination

10. Post-Termination Obligations: Obligations and rights of parties after agreement ends

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, amendments, assignment, and severability

Optional Sections

1. Sub-licensing Rights: Include when the licensee is permitted to grant sub-licenses to third parties

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

3. Marketing and Promotion: Include when specifying requirements for marketing and promoting licensed products

4. Technology Transfer: Include when technical knowledge or manufacturing processes need to be transferred

5. Export Restrictions: Include when there are specific restrictions on export of licensed products

6. Competition Compliance: Include when the exclusive arrangement might raise competition law concerns

7. Insurance Requirements: Include when specific insurance coverage is required for the licensee

Suggested Schedules

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

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

3. Schedule 3 - Quality Standards: Detailed quality control specifications and requirements

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

5. Schedule 5 - Approved Form of Trademark Usage: Guidelines and examples of approved trademark usage

6. Appendix A - Trademark Certificates: Copies of trademark registration certificates

7. Appendix B - Quality Control Procedures: Detailed procedures for quality control and approval processes

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
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Relevant Industries

Consumer Goods

Retail

Fashion and Apparel

Food and Beverage

Technology

Pharmaceuticals

Automotive

Entertainment

Sports and Recreation

Manufacturing

Hospitality

Education

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Compliance

Marketing

Operations

Corporate Affairs

Brand Management

Finance

Relevant Roles

Intellectual Property Manager

Legal Counsel

Commercial Director

Brand Manager

Licensing Director

Business Development Manager

Compliance Officer

Chief Legal Officer

Contract Manager

IP Rights Administrator

General Counsel

Marketing Director

Operations Manager

Chief Executive Officer

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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