Trade Mark License Agreement for Malta

Trade Mark License Agreement Template for Malta

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Trade Mark License Agreement

"I need a Trade Mark License Agreement for my international food franchise company based in Malta to license our restaurant brand and associated marks to a licensee in Italy, with an exclusive territory arrangement starting March 2025; the agreement should include strict quality control measures and monthly royalty payments."

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What is a Trade Mark License Agreement?

The Trade Mark License Agreement is a crucial document used when a trademark owner wishes to permit another entity to use their registered trademark(s) while maintaining control over their intellectual property. This agreement is particularly important in Malta's commercial landscape, where businesses must comply with both local and EU trademark regulations. It establishes the commercial relationship between the Licensor and Licensee, defining specific terms for trademark usage, quality control measures, territorial restrictions, and financial arrangements. The document is essential for businesses expanding their brand presence through licensing arrangements, ensuring proper trademark protection while monetizing intellectual property assets. This agreement type is commonly used in various commercial contexts, from simple single-territory licensing to complex international brand licensing arrangements, all within the framework of Maltese law.

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

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

2. Background: Context of the agreement, ownership of the trademark, and purpose of the license

3. Definitions: Defined terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', and 'Licensed Products/Services'

4. Grant of License: Scope of the license, whether exclusive or non-exclusive, territory, and permitted uses

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

6. License Fees and Payment Terms: Financial terms including royalties, payment schedule, and reporting requirements

7. Quality Control: Standards for use of the trademark and Licensor's right to inspect and approve usage

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

9. Representations and Warranties: Parties' assertions about trademark ownership, authority to enter agreement, and other key facts

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

11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

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

1. Sub-licensing Rights: Include when Licensee is permitted to sub-license the trademark to third parties

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

3. Assignment: Include when transfer of rights needs to be specifically addressed

4. Insurance: Include when Licensee is required to maintain specific insurance coverage

5. Change of Control: Include when agreement terms may be affected by ownership changes

6. Export Control: Include for international licensing arrangements

7. Compliance with Laws: Include when specific regulatory compliance needs to be addressed

8. Force Majeure: Include when specific events excusing performance need to be defined

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

1. Schedule 1 - Licensed Marks: Detailed description and images of the licensed trademarks, including registration numbers

2. Schedule 2 - Licensed Products/Services: Specific products or services covered by the license

3. Schedule 3 - Territory: Detailed description of geographical areas where license is valid

4. Schedule 4 - Quality Control Standards: Specific quality standards and guidelines for trademark usage

5. Schedule 5 - Fee Schedule: Detailed breakdown of licensing fees, royalty calculations, and payment terms

6. Schedule 6 - Brand Guidelines: Technical specifications and usage guidelines for the trademark

7. Appendix A - Approval Process: Procedures for obtaining Licensor approval for trademark usage

8. Appendix B - Reporting Templates: Standard forms for sales reports and royalty calculations

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

Clauses
Relevant Industries

Retail

Manufacturing

Fashion and Luxury Goods

Food and Beverage

Technology

Pharmaceuticals

Entertainment

Sports

Franchising

Consumer Goods

Professional Services

Media and Broadcasting

Gaming and iGaming

Hospitality

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Marketing

Business Development

Compliance

Risk Management

Finance

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Licensing Manager

Chief Legal Officer

Business Development Manager

Compliance Officer

Contract Manager

Chief Executive Officer

Chief Commercial Officer

Trademark Attorney

Marketing Director

Risk Manager

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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