A Use of Name Agreement is essential when one party wishes to grant another party the right to use their name, trademark, or brand identity in Australia. This document is commonly used in business partnerships, licensing arrangements, franchising, and celebrity endorsements. The agreement must comply with Australian federal legislation, including the Trade Marks Act 1995 and the Competition and Consumer Act 2010. It typically includes detailed provisions about usage scope, quality control, territorial restrictions, and compliance requirements. The agreement helps protect the name owner's interests while providing clear guidelines for the authorized user, preventing potential disputes and maintaining brand integrity. A Use of Name Agreement is particularly crucial in situations where brand value and reputation need to be preserved while allowing controlled third-party usage.
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1. Parties: Identifies and defines the parties to the agreement - typically the name owner and the party being granted usage rights
2. Background: Explains the context of the agreement, ownership of the name, and general purpose of the arrangement
3. Definitions: Defines key terms used throughout the agreement, including the specific name(s) covered
4. Grant of Rights: Specifies the exact rights being granted regarding name usage, including any territorial or business limitations
5. Terms of Use: Details how the name may be used, including format, context, and any required accompanying symbols or notices
6. Quality Control: Outlines the standards that must be maintained when using the name and any approval processes required
7. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
8. Representations and Warranties: Contains statements about name ownership, right to grant usage, and other key assurances
9. Indemnification: Establishes protection for parties against claims arising from name usage
10. General Provisions: Standard legal clauses including governing law, notices, amendment procedures, and dispute resolution
1. Payment Terms: Include when there are fees associated with the name usage, detailing payment amounts, schedules, and methods
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be outlined
3. Sublicensing Rights: Include when the agreement allows or prohibits the transfer of name usage rights to third parties
4. Audit Rights: Include when the name owner requires rights to audit the usage and compliance
5. Insurance: Include when specific insurance requirements are needed to protect against name usage risks
6. Non-Competition: Include when restrictions on competing activities need to be specified
1. Schedule 1 - Approved Name Format: Visual specifications for how the name should appear, including font, size, and placement requirements
2. Schedule 2 - Approved Usage Contexts: List of specific approved uses and contexts for the name
3. Schedule 3 - Quality Control Standards: Detailed quality control requirements and procedures
4. Schedule 4 - Fee Schedule: Detailed breakdown of any fees, royalties, or payments associated with name usage
5. Appendix A - Approval Process: Detailed procedures for obtaining approval for new uses of the name
6. Appendix B - Reporting Requirements: Templates and procedures for required usage reports
Relevant legal definitions
Approved Use
Authorized Territory
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Intellectual Property Rights
Licensed Name
Mark
Name Owner
Name User
Net Sales
Notice
Products
Quality Standards
Related Body Corporate
Renewal Term
Royalty Fee
Services
Term
Territory
Third Party
Trade Mark
Use
Valid Claim
Authorized Territory
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Intellectual Property Rights
Licensed Name
Mark
Name Owner
Name User
Net Sales
Notice
Products
Quality Standards
Related Body Corporate
Renewal Term
Royalty Fee
Services
Term
Territory
Third Party
Trade Mark
Use
Valid Claim
Clauses
Grant of Rights
Permitted Use
Territory and Exclusivity
Quality Control
Approval Process
Term and Renewal
Termination
Payment and Royalties
Intellectual Property Rights
Representations and Warranties
Confidentiality
Non-Competition
Indemnification
Insurance
Assignment
Dispute Resolution
Governing Law
Force Majeure
Notices
Amendment
Entire Agreement
Severability
Waiver
Further Assurance
Compliance with Laws
Audit Rights
Record Keeping
Reporting Requirements
Brand Guidelines Compliance
Third Party Rights
Permitted Use
Territory and Exclusivity
Quality Control
Approval Process
Term and Renewal
Termination
Payment and Royalties
Intellectual Property Rights
Representations and Warranties
Confidentiality
Non-Competition
Indemnification
Insurance
Assignment
Dispute Resolution
Governing Law
Force Majeure
Notices
Amendment
Entire Agreement
Severability
Waiver
Further Assurance
Compliance with Laws
Audit Rights
Record Keeping
Reporting Requirements
Brand Guidelines Compliance
Third Party Rights
Relevant Industries
Retail
Entertainment
Media
Fashion
Sports
Technology
Professional Services
Hospitality
Education
Consumer Goods
Franchising
Celebrity Management
Brand Management
Marketing Services
Relevant Teams
Legal
Brand Management
Marketing
Commercial
Business Development
Compliance
Intellectual Property
Licensing
Corporate Affairs
Partnership Management
Relevant Roles
Legal Counsel
Brand Manager
Commercial Director
Licensing Manager
Marketing Director
Business Development Manager
Franchise Manager
Intellectual Property Manager
Compliance Officer
Contract Administrator
Celebrity Manager
Partnership Manager
Chief Marketing Officer
Brand Protection Officer
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