Trademark Agreement Template for Nigeria

A Trademark Agreement lets businesses legally share, license, or transfer rights to their registered trademarks in Nigeria. It spells out how companies can use protected brand elements like logos, names, or slogans under the Nigerian Trade Marks Act.

These agreements protect both trademark owners and users by clearly defining usage terms, payment arrangements, and quality control measures. They're especially important in Nigerian franchise operations, brand partnerships, and manufacturing deals where multiple parties need to use the same trademark legally and safely.

Use a Trademark Agreement when expanding your brand's reach through partnerships in Nigeria. This becomes essential before letting another company use your trademark for franchising, manufacturing products, or running co-branded marketing campaigns.

The agreement proves vital when entering distribution deals, licensing your brand to retailers, or collaborating with local businesses. It's particularly important under Nigerian law when launching franchise operations, starting joint ventures, or allowing third parties to manufacture products bearing your trademark - situations where protecting your brand's reputation and legal rights is crucial.

• Simple License Agreement: Grants basic rights to use a trademark for specific products or services, with standard quality control and payment terms
• Co-existence Agreement: Allows similar trademarks to operate in different market segments or regions within Nigeria without conflict
• Franchise Trademark Agreement: Comprehensive rights package for franchisees, including detailed usage guidelines and quality standards
• Manufacturing License: Permits third-party manufacturers to produce goods under the trademark with strict quality specifications
• Distribution Agreement: Focuses on trademark usage rights for distributors selling branded products in specific Nigerian territories

• Trademark Owners: Nigerian companies or individuals who have registered trademarks and want to license their use to others
• Licensees: Businesses seeking permission to use registered trademarks for commercial purposes, like franchisees or manufacturers
• Corporate Lawyers: Draft and review agreements to ensure compliance with Nigerian trademark laws and protect client interests
• Trademark Agents: Registered professionals who handle trademark registrations and help structure licensing agreements
• Quality Control Officers: Monitor compliance with trademark usage standards specified in the agreement

• Trademark Details: Gather registration numbers, classes, and usage history from the Nigerian Trademarks Registry
• Usage Scope: Define exact products, services, and territories where the trademark will be used
• Quality Standards: Document specific quality control measures and inspection rights
• Payment Terms: Outline royalty rates, payment schedules, and reporting requirements
• Company Information: Collect legal names, registration details, and signing authority for all parties
• Duration Terms: Specify agreement length, renewal options, and termination conditions

• Identification Section: Full details of the trademark owner, licensee, and registration numbers under Nigerian law
• Grant of Rights: Clear scope of trademark usage, permitted territories, and exclusivity terms
• Quality Control: Specific standards, inspection rights, and compliance requirements
• Financial Terms: Royalty rates, payment schedules, and reporting obligations
• Duration & Termination: Agreement length, renewal options, and grounds for termination
• Dispute Resolution: Nigerian jurisdiction clause and arbitration procedures
• Execution Block: Proper signature format for authorized representatives

A Trademark Agreement differs significantly from a Trademark License Agreement in several key aspects under Nigerian law. While both deal with trademark rights, their scope and application serve different purposes.

• Scope of Rights: Trademark Agreements cover broader arrangements including sales, transfers, and co-existence rights, while License Agreements focus solely on permission to use the mark
• Duration: License Agreements typically have fixed terms with renewal options, while Trademark Agreements can be permanent, especially for transfers
• Control Provisions: License Agreements maintain strict quality control requirements, while Trademark Agreements may include varying levels of control depending on the arrangement type
• Financial Structure: License Agreements usually involve ongoing royalties, while Trademark Agreements might include one-time payments or different compensation models