The Simple Trademark License Agreement is a fundamental legal instrument used when a trademark owner wishes to permit another party to use their trademark(s) in New Zealand while maintaining control over their intellectual property rights. This document is particularly relevant when businesses seek to expand their brand presence through controlled licensing arrangements, enter new markets, or establish merchandising relationships. The agreement, governed by New Zealand law including the Trade Marks Act 2002, provides a structured framework for protecting the trademark owner's rights while enabling commercial exploitation of the mark. It includes essential provisions for quality control, payment terms, and usage restrictions, making it suitable for straightforward licensing arrangements where complex cross-border or sub-licensing provisions are not required.
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1. Parties: Identifies and provides full legal details of the Licensor and Licensee
2. Background: Establishes context, confirms Licensor's ownership of the trademark, and outlines the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Licensed Mark', 'Territory', 'Term', and 'Licensed Products/Services'
4. Grant of License: Specifies the nature and scope of the license (exclusive/non-exclusive), permitted uses, and territory
5. Term and Termination: Details the duration of the agreement and circumstances for termination
6. License Fees and Payment: Specifies license fees, payment terms, and any royalty calculations
7. Quality Control: Sets standards for use of the trademark and Licensor's right to inspect and approve usage
8. Protection of the Trademark: Outlines obligations regarding trademark protection, infringement reporting, and enforcement
9. Representations and Warranties: Contains basic warranties about trademark ownership and right to license
10. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution
1. Sub-licensing Rights: Include when the 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 imposed
3. Minimum Performance Requirements: Include when the license is contingent on achieving certain sales or performance targets
4. Insurance: Include when specific insurance coverage is required for trademark usage
5. Confidentiality: Include when sensitive information will be shared between parties
6. Post-Termination Obligations: Include when specific post-termination requirements need to be detailed
7. Change of Control: Include when the agreement should address changes in ownership of either party
1. Schedule 1 - Licensed Trademarks: Detailed description of the licensed trademarks, including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services for which the trademark may be used
3. Schedule 3 - Territory: Detailed description of the geographic territory where the license applies
4. Schedule 4 - Brand Guidelines: Technical specifications for trademark usage, including size, color, and positioning requirements
5. Schedule 5 - Fee Schedule: Detailed breakdown of license fees, royalty calculations, and payment terms
Relevant legal definitions
Agreement
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure Event
Initial Term
Licensed Mark
Licensed Products
Licensed Services
Licensed Territory
License Fee
Licensee
Licensor
Net Sales
Quality Standards
Renewal Term
Royalty
Specification
Style Guide
Term
Trademark Register
Trade Marks Act
Working Day
Business Day
Commencement Date
Confidential Information
Effective Date
Force Majeure Event
Initial Term
Licensed Mark
Licensed Products
Licensed Services
Licensed Territory
License Fee
Licensee
Licensor
Net Sales
Quality Standards
Renewal Term
Royalty
Specification
Style Guide
Term
Trademark Register
Trade Marks Act
Working Day
Clauses
Grant of License
License Scope
Territory Restrictions
Term and Duration
Payment and Royalties
Quality Control
Trademark Protection
Use Requirements
Sub-licensing
Representations and Warranties
Infringement
Recordal
Confidentiality
Termination
Assignment
Force Majeure
Dispute Resolution
Governing Law
Intellectual Property Rights
Indemnification
Amendment
Notices
Entire Agreement
Severability
Waiver
Further Assurance
License Scope
Territory Restrictions
Term and Duration
Payment and Royalties
Quality Control
Trademark Protection
Use Requirements
Sub-licensing
Representations and Warranties
Infringement
Recordal
Confidentiality
Termination
Assignment
Force Majeure
Dispute Resolution
Governing Law
Intellectual Property Rights
Indemnification
Amendment
Notices
Entire Agreement
Severability
Waiver
Further Assurance
Relevant Industries
Retail
Consumer Goods
Manufacturing
Fashion and Apparel
Food and Beverage
Technology
Entertainment
Sports and Recreation
Professional Services
Education
Healthcare
Hospitality
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Marketing
Brand Management
Compliance
Executive Leadership
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Brand Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Legal Officer
Compliance Officer
Contract Manager
Marketing Director
Chief Executive Officer
Chief Commercial Officer
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