The Simple Trademark License Agreement is essential for businesses operating in Nigeria who wish to either monetize their trademark assets or legally use another entity's trademark. This document, governed by Nigerian law, particularly the Trademarks Act (Cap T13, LFN 2004), establishes a clear framework for trademark licensing while protecting both parties' interests. It's commonly used when companies want to expand their market presence through authorized third-party use of their marks, enter franchise arrangements, or launch co-branded products. The agreement includes critical elements such as quality control measures, territory restrictions, and royalty structures, ensuring compliance with Nigerian intellectual property law while facilitating commercial objectives.
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1. Parties: Identification of the Licensor and Licensee with their full legal names and addresses
2. Background: Context of the agreement, including confirmation of Licensor's ownership of the trademark
3. Definitions: Key terms used throughout the agreement, including 'Licensed Mark', 'Territory', and 'Licensed Products'
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive) and permitted uses
5. Territory: Geographic area where the license can be exercised
6. Term and Termination: Duration of the agreement and circumstances for termination
7. License Fees and Royalties: Payment terms, including royalty rates, payment schedules, and calculation methods
8. Quality Control: Standards for use of the trademark and Licensor's right to inspect and approve
9. Protection of the Mark: Obligations regarding trademark protection and infringement
10. Representations and Warranties: Basic warranties about trademark ownership and right to license
11. Governing Law: Specification of Nigerian law as governing law
12. Execution: Signature blocks and execution details
1. Sub-licensing Rights: Include when Licensee is permitted to sub-license the trademark to third parties
2. Minimum Performance Requirements: Include when there are specific sales or performance targets the Licensee must meet
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Export Restrictions: Include when there are specific restrictions on export of licensed products
5. Dispute Resolution: Include when parties want specific arbitration or mediation procedures
6. Insurance: Include when Licensee is required to maintain specific insurance coverage
7. Confidentiality: Include when sensitive information will be shared between parties
1. Schedule 1 - Licensed Marks: Detailed description and images of the licensed trademarks, including registration numbers
2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license
3. Schedule 3 - Quality Control Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties
5. Appendix A - Brand Guidelines: Guidelines for proper use of the trademark, including format, colors, and positioning
Relevant legal definitions
Agreement
Affiliate
Authorized Use
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure Event
Initial Term
Licensed Mark
Licensed Products
Licensed Services
Licensed Territory
Licensee
Licensor
Net Sales
Party/Parties
Quality Standards
Renewal Term
Royalty
Royalty Period
Term
Trademark Rights
Working Day
Affiliate
Authorized Use
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure Event
Initial Term
Licensed Mark
Licensed Products
Licensed Services
Licensed Territory
Licensee
Licensor
Net Sales
Party/Parties
Quality Standards
Renewal Term
Royalty
Royalty Period
Term
Trademark Rights
Working Day
Clauses
Definitions
License Grant
Territory
Term
Royalties
Quality Control
Use of Mark
Registration
Infringement
Warranties
Indemnification
Confidentiality
Assignment
Termination
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Waiver
Counterparts
Sub-licensing
Representations
License Grant
Territory
Term
Royalties
Quality Control
Use of Mark
Registration
Infringement
Warranties
Indemnification
Confidentiality
Assignment
Termination
Force Majeure
Governing Law
Dispute Resolution
Notices
Amendment
Entire Agreement
Severability
Waiver
Counterparts
Sub-licensing
Representations
Relevant Industries
Retail
Manufacturing
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Pharmaceuticals
Entertainment
Sports and Recreation
Automotive
Education
Professional Services
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Finance
Compliance
Marketing
Brand Management
Corporate Affairs
Relevant Roles
Chief Legal Officer
Intellectual Property Counsel
Commercial Director
Brand Manager
Licensing Manager
Business Development Manager
Corporate Counsel
Compliance Officer
Chief Executive Officer
Chief Financial Officer
Contract Manager
Legal Director
Trademark Attorney
Company Secretary
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