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Trade Name License Agreement for Philippines

Trade Name License Agreement Template for Philippines

A Trade Name License Agreement under Philippine law is a legally binding contract that allows one party (the licensor) to grant another party (the licensee) the right to use their trade name in business operations. This agreement is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293) and related regulations, ensuring compliance with local intellectual property and business laws. The document outlines the terms and conditions for using the trade name, including quality control measures, territorial restrictions, payment terms, and compliance requirements specific to the Philippine business environment.

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What is a Trade Name License Agreement?

The Trade Name License Agreement is essential for businesses seeking to expand their brand presence in the Philippines while maintaining control over their trade name usage. This document becomes necessary when a business owner wishes to permit another entity to use their trade name in a specified manner and territory within the Philippines. The agreement must comply with the Intellectual Property Code of the Philippines and related regulations, addressing key aspects such as license scope, quality control, payment terms, and termination rights. It's particularly crucial in franchising arrangements, brand expansions, and business collaborations where brand identity needs protection while enabling controlled commercial use by third parties. The document includes comprehensive provisions for trade name protection, usage guidelines, and dispute resolution mechanisms tailored to the Philippine legal framework.

What sections should be included in a Trade Name License Agreement?

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

2. Background: Context of the agreement, including ownership of the trade name and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope and nature of the license granted, including territory and exclusivity terms

5. Term and Renewal: Duration of the license and conditions for renewal

6. License Fees and Payment Terms: Financial terms including licensing fees, royalties, and payment schedules

7. Quality Control: Standards and requirements for use of the trade name, including approval processes

8. Use of Trade Name: Specific guidelines and restrictions on how the trade name may be used

9. Representations and Warranties: Legal assurances from both parties regarding their rights and capabilities

10. Protection of Trade Name: Obligations regarding protection and enforcement of trade name rights

11. Termination: Circumstances and procedures for terminating the agreement

12. Post-Termination Obligations: Requirements and restrictions after agreement ends

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details

14. General Provisions: Standard legal provisions including notices, amendments, and severability

What sections are optional to include in a Trade Name License Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to sub-license the trade name to others

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

3. Audit Rights: Include when licensor requires right to audit licensee's use of trade name

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

5. Competition Restrictions: Include when there are non-compete or territorial restrictions

6. Corporate Social Responsibility: Include when specific CSR requirements are imposed on licensee

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Data Protection: Include when personal data processing is involved in trade name usage

What schedules should be included in a Trade Name License Agreement?

1. Schedule A - Licensed Trade Name: Detailed description and representation of the licensed trade name

2. Schedule B - Territory: Detailed description of the geographic territory covered by the license

3. Schedule C - Quality Control Standards: Specific quality control requirements and procedures

4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

5. Schedule E - Approved Uses: Specific approved uses and formats for the trade name

6. Appendix 1 - Brand Guidelines: Detailed guidelines for trade name usage and presentation

7. Appendix 2 - Approval Process: Step-by-step process for obtaining approval for trade name usage

8. Appendix 3 - Reporting Templates: Standard templates for required periodic reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions



























Clauses





























Relevant Industries

Retail

Food and Beverage

Hospitality

Professional Services

Manufacturing

Consumer Goods

Franchising

Education

Healthcare

Technology

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Brand Management

Compliance

Corporate Secretariat

Operations

Marketing

Finance

Relevant Roles

Legal Counsel

Intellectual Property Manager

Business Development Director

Franchise Manager

Commercial Director

Brand Manager

Licensing Director

Compliance Officer

Corporate Secretary

Chief Legal Officer

Chief Executive Officer

Operations Director

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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