Co Branding Partnership Agreement for the United Kingdom

Co Branding Partnership Agreement Template for England and Wales

A Co-Branding Partnership Agreement is a legal document governed by English and Welsh law that establishes the terms and conditions under which two or more brands collaborate to market products or services together. The agreement covers intellectual property rights, brand usage guidelines, revenue sharing, quality control measures, and mutual obligations. It provides a framework for protecting both parties' interests while maximizing the benefits of brand collaboration.

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What is a Co Branding Partnership Agreement?

The Co-Branding Partnership Agreement is essential when two or more established brands wish to collaborate on products, services, or marketing initiatives. This document, governed by English and Welsh law, outlines the rights and responsibilities of each party, including brand usage permissions, quality control standards, revenue sharing arrangements, and termination conditions. It's particularly important for protecting intellectual property rights while enabling brands to leverage each other's market presence and reputation for mutual benefit.

What sections should be included in a Co Branding Partnership Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and brief description of each party's business

3. Definitions: Key terms used throughout the agreement

4. Grant of Rights: Specific rights granted by each party regarding brand usage

5. Brand Guidelines: Requirements for brand usage, approval processes, and quality control

6. Term and Termination: Duration of agreement and circumstances for termination

7. Intellectual Property Rights: Ownership and protection of IP, including new IP created during partnership

8. Financial Terms: Revenue sharing, costs, and payment terms

9. Confidentiality: Protection of confidential information shared during partnership

What sections are optional to include in a Co Branding Partnership Agreement?

1. Marketing Obligations: Specific marketing commitments from each party - include when specific marketing activities are core to the partnership

2. Territory: Geographic limitations of the partnership - include when partnership is limited to specific regions

3. Exclusivity: Terms regarding exclusive rights and restrictions - include when exclusive rights are granted

4. Insurance: Required insurance coverage - include when specific insurance requirements exist

5. Data Protection: Handling of personal data - include when personal data processing is involved

What schedules should be included in a Co Branding Partnership Agreement?

1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines for both parties

2. Schedule 2 - Approved Products/Services: List of products/services covered by the agreement

3. Schedule 3 - Revenue Share Calculations: Detailed breakdown of financial arrangements

4. Schedule 4 - Approval Process: Step-by-step process for obtaining approvals

5. Schedule 5 - Marketing Plan: Detailed marketing strategy and commitments

6. Schedule 6 - Key Performance Indicators: Metrics for measuring partnership success

7. Schedule 7 - Contact Details: Key contacts for both parties

Authors

Alex Denne

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Consumer Goods
Retail
Food and Beverage
Fashion
Technology
Entertainment

Relevant Teams

Legal
Marketing
Business Development
Finance
Brand Management
Public Relations

Relevant Roles

Brand Manager
Marketing Director
Commercial Director
Legal Counsel
Business Development Manager

Industries

Trade Marks Act 1994: Primary legislation governing trademark protection and registration in the UK, essential for protecting brand assets in co-branding arrangements

Copyright, Designs and Patents Act 1988: Legislation protecting creative works, designs, and intellectual property rights associated with the co-branded materials and products

Common Law - Passing Off: Legal doctrine protecting unregistered trademark rights and preventing misrepresentation of goods/services origin

Retained EU Trade Mark Law: Former EU trademark regulations maintained in UK law post-Brexit, affecting existing EU trademark rights

Common Law of Contract: Fundamental principles governing contract formation, enforcement, and remedies in English law

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly regarding limitation of liability

Consumer Rights Act 2015: Key consumer protection legislation applicable when co-branded products are sold to consumers

Competition Act 1998: Primary UK competition law preventing anti-competitive agreements and abuse of market dominance

Enterprise Act 2002: Legislation governing market regulation and competition law enforcement

UK GDPR: Data protection regulation governing the processing of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Privacy and Electronic Communications Regulations: Regulations governing electronic communications, relevant for digital marketing of co-branded products

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair commercial practices and misleading marketing

Business Protection from Misleading Marketing Regulations 2008: Regulations preventing misleading advertising in business-to-business marketing

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, governing advertising standards

Partnership Act 1890: Basic framework for partnerships in English law, potentially relevant for co-branding partnership structure

Limited Partnerships Act 1907: Legislation governing limited partnerships if such a structure is chosen for the co-branding arrangement

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What is a Co Branding Partnership Agreement?

What sections should be included in a Co Branding Partnership Agreement?

What sections are optional to include in a Co Branding Partnership Agreement?

What schedules should be included in a Co Branding Partnership Agreement?

Authors

Alex Denne

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