Trade Mark Licence Agreement for Malta

Trade Mark Licence Agreement Template for Malta

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Trade Mark Licence Agreement

"I need a Trade Mark Licence Agreement for my cosmetics brand, granting exclusive rights to a manufacturer to produce and distribute skincare products under my trademark in Malta and Italy, with a 5% royalty on net sales and strict quality control requirements, starting from March 2025."

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What is a Trade Mark Licence Agreement?

A Trade Mark Licence 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 agreement, governed by Maltese law and compliant with EU regulations, is commonly used in commercial arrangements where brand exploitation is desired through licensing, manufacturing, or distribution relationships. It outlines crucial elements such as scope of use, quality control measures, financial terms, and territorial restrictions. The document ensures compliance with Malta's Trademarks Act (Chapter 416) and relevant EU trademark directives, making it suitable for both domestic and international licensing arrangements. It's particularly relevant for businesses expanding their brand presence through controlled licensing while protecting their intellectual property rights.

What sections should be included in a Trade Mark Licence Agreement?

1. Parties: Identification of the licensor and licensee with full legal details

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

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

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

5. Term and Termination: Duration of the agreement and circumstances for termination

6. License Fees and Royalties: Financial terms including payment amounts, schedules, and calculation methods

7. Quality Control: Standards for use of the trademark and licensor's right to monitor and approve use

8. Protection of the Trade Mark: Obligations regarding trademark protection and enforcement

9. Representations and Warranties: Standard warranties regarding trademark ownership and right to license

10. Infringement: Procedures for dealing with third-party infringement and allocation of enforcement rights

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

12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Trade Mark Licence Agreement?

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

2. Manufacturing Standards: Include for agreements involving manufacture of branded products

3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

4. Distribution Requirements: Include for agreements involving distribution of branded products

5. Minimum Performance Requirements: Include when license includes sales targets or minimum royalty requirements

6. Non-Competition: Include when restricting licensee's ability to deal with competing brands

7. Insurance: Include when specific insurance requirements are needed

8. Export Restrictions: Include when territory restrictions need detailed regulation

What schedules should be included in a Trade Mark Licence Agreement?

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

2. Schedule 2 - Licensed Territory: Detailed description of geographical territories covered by the license

3. Schedule 3 - Licensed Products/Services: Comprehensive list of products/services covered by the license

4. Schedule 4 - Quality Control Standards: Detailed quality control specifications and procedures

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties

6. Schedule 6 - Brand Guidelines: Specific requirements for trademark usage and brand representation

7. Schedule 7 - Approved Sub-contractors: List of approved manufacturers or service providers if applicable

8. Appendix A - Trade Mark Specimens: Visual representations of the licensed trademarks

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Manufacturing

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports and Recreation

Pharmaceuticals

Cosmetics

Automotive

Franchising

Media and Publishing

Software and Technology

Professional Services

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Brand Management

Marketing

Compliance

Corporate Affairs

Licensing

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Commercial Director

Brand Manager

Licensing Manager

Business Development Manager

Contract Manager

Compliance Officer

IP Portfolio Manager

General Counsel

Chief Legal Officer

Commercial Lawyer

Trademark Attorney

Marketing Director

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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