A Name Licensing Agreement is essential when a brand owner wishes to permit another party to use their protected name or trademark in Malaysia. This document type is particularly crucial in today's business environment where brand value and intellectual property rights are significant assets. The agreement, governed by Malaysian law, specifically the Trade Marks Act 2019 and related legislation, outlines critical elements such as scope of use, quality control requirements, territory restrictions, and compensation terms. It provides legal protection for both the licensor's intellectual property rights and the licensee's authorized usage rights. The document is commonly used in franchise arrangements, brand expansions, merchandising deals, and other commercial situations where controlled use of a protected name is required. It must comply with Malaysian intellectual property regulations and commercial law requirements while addressing specific business needs and protecting both parties' interests.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief history of the name ownership
3. Definitions: Key terms used throughout the agreement including the Licensed Name, Territory, and Term
4. Grant of License: Scope and nature of the license granted (exclusive/non-exclusive, territory, duration)
5. License Fee and Payment Terms: Financial terms including initial fees, royalties, and payment schedules
6. Use of Licensed Name: Permitted uses, quality control, and brand guidelines
7. Term and Termination: Duration of agreement and circumstances for termination
8. Quality Control and Monitoring: Standards for use and licensor's right to monitor and approve usage
9. Representations and Warranties: Parties' assertions about their rights and authority
10. Indemnification: Obligations to protect against losses from third-party claims
11. Confidentiality: Protection of confidential information exchanged
12. General Provisions: Standard clauses including notices, amendments, and governing law
1. Sublicensing Rights: Include when licensee is permitted to sublicense the name to third parties
2. International Use: Add when license extends to multiple jurisdictions
3. Digital Rights: Include for digital/online usage of the licensed name
4. Co-existence Provisions: Add when there are other similar names in use that need addressing
5. Change of Control: Include for restrictions or requirements if either party undergoes ownership changes
6. Insurance Requirements: Add when specific insurance coverage is required for name usage
7. Dispute Resolution: Include detailed dispute resolution procedures for high-value or international agreements
1. Schedule A - Licensed Name Specifications: Detailed description and representations of the licensed name
2. Schedule B - Territory Definition: Detailed description of geographic areas where license is valid
3. Schedule C - Approved Uses: Specific approved applications and contexts for name usage
4. Schedule D - Brand Guidelines: Technical specifications and usage guidelines for the licensed name
5. Schedule E - Quality Control Standards: Detailed quality control requirements and procedures
6. Schedule F - Fee Structure: Detailed breakdown of all fees, royalties, and payment terms
7. Schedule G - Approval Procedures: Process for obtaining approval for new uses of the licensed name
Relevant legal definitions
Affiliate
Agreement
Approved Products
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure
Intellectual Property Rights
Licensed Name
Licensed Products
License Fee
Licensee
Licensor
Malaysian Ringgit
Net Sales
Quality Standards
Royalty
Royalty Period
Subsidiary
Term
Territory
Trademark
Working Day
Agreement
Approved Products
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure
Intellectual Property Rights
Licensed Name
Licensed Products
License Fee
Licensee
Licensor
Malaysian Ringgit
Net Sales
Quality Standards
Royalty
Royalty Period
Subsidiary
Term
Territory
Trademark
Working Day
Clauses
Grant of License
Exclusivity
Territory
Term and Duration
License Fee
Royalty Payments
Quality Control
Brand Standards
Approved Use
Intellectual Property Protection
Confidentiality
Representations and Warranties
Indemnification
Termination
Post-Termination Obligations
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Third Party Rights
Compliance with Laws
Audit Rights
Record Keeping
Non-Competition
Publicity
Insurance
Exclusivity
Territory
Term and Duration
License Fee
Royalty Payments
Quality Control
Brand Standards
Approved Use
Intellectual Property Protection
Confidentiality
Representations and Warranties
Indemnification
Termination
Post-Termination Obligations
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Third Party Rights
Compliance with Laws
Audit Rights
Record Keeping
Non-Competition
Publicity
Insurance
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports
Media and Publishing
Technology
Professional Services
Education
Healthcare
Hospitality
Franchising
E-commerce
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Licensing
Business Development
Compliance
Marketing
Corporate Affairs
Risk Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Compliance Officer
Contract Administrator
Chief Legal Officer
Chief Commercial Officer
Trademark Attorney
Franchise Manager
Marketing Director
Corporate Counsel
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