A Trade Mark Licence Agreement is essential when a trademark owner wishes to permit another party to use their registered trademark(s) while maintaining control over their intellectual property. This agreement, governed by Maltese law and compliant with EU regulations, is commonly used in commercial arrangements where brand exploitation is desired through licensing, manufacturing, or distribution relationships. It outlines crucial elements such as scope of use, quality control measures, financial terms, and territorial restrictions. The document ensures compliance with Malta's Trademarks Act (Chapter 416) and relevant EU trademark directives, making it suitable for both domestic and international licensing arrangements. It's particularly relevant for businesses expanding their brand presence through controlled licensing while protecting their intellectual property rights.
Trade Mark Licence Agreement for Malta
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Key Requirements PROMPT example:
Trade Mark Licence Agreement
"I need a Trade Mark Licence Agreement for my cosmetics brand, granting exclusive rights to a manufacturer to produce and distribute skincare products under my trademark in Malta and Italy, with a 5% royalty on net sales and strict quality control requirements, starting from March 2025."
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, including details of trademark ownership and registration
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. Term and Termination: Duration of the agreement and circumstances for termination
6. License Fees and Royalties: Financial terms including payment amounts, schedules, and calculation methods
7. Quality Control: Standards for use of the trademark and licensor's right to monitor and approve use
8. Protection of the Trade Mark: Obligations regarding trademark protection and enforcement
9. Representations and Warranties: Standard warranties regarding trademark ownership and right to license
10. Infringement: Procedures for dealing with third-party infringement and allocation of enforcement rights
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses
2. Manufacturing Standards: Include for agreements involving manufacture of branded products
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
4. Distribution Requirements: Include for agreements involving distribution of branded products
5. Minimum Performance Requirements: Include when license includes sales targets or minimum royalty requirements
6. Non-Competition: Include when restricting licensee's ability to deal with competing brands
7. Insurance: Include when specific insurance requirements are needed
8. Export Restrictions: Include when territory restrictions need detailed regulation
1. Schedule 1 - Licensed Trade Marks: Detailed list of licensed trademarks including registration numbers and classes
2. Schedule 2 - Licensed Territory: Detailed description of geographical territories covered by the license
3. Schedule 3 - Licensed Products/Services: Comprehensive list of products/services covered by the license
4. Schedule 4 - Quality Control Standards: Detailed quality control specifications and procedures
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties
6. Schedule 6 - Brand Guidelines: Specific requirements for trademark usage and brand representation
7. Schedule 7 - Approved Sub-contractors: List of approved manufacturers or service providers if applicable
8. Appendix A - Trade Mark Specimens: Visual representations of the licensed trademarks
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Entertainment
Sports and Recreation
Pharmaceuticals
Cosmetics
Automotive
Franchising
Media and Publishing
Software and Technology
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Brand Management
Marketing
Compliance
Corporate Affairs
Licensing
Product Development
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Commercial Director
Brand Manager
Licensing Manager
Business Development Manager
Contract Manager
Compliance Officer
IP Portfolio Manager
General Counsel
Chief Legal Officer
Commercial Lawyer
Trademark Attorney
Marketing Director
Chief Commercial Officer
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