The Non-Exclusive Trademark License Agreement is essential for businesses seeking to monetize their trademark assets while maintaining control over their brand identity. This document is particularly relevant in the United States market, where trademark protection is governed by both federal and state laws. It's commonly used when a trademark owner wishes to generate revenue through licensing while retaining the right to license the same marks to other parties. The agreement includes crucial provisions for quality control, royalty payments, and usage guidelines, ensuring compliance with U.S. trademark law requirements for maintaining trademark rights. This type of agreement is particularly important as it helps prevent trademark abandonment while creating business opportunities for both licensors and licensees.
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1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement, including trademark ownership details and purpose of the license
3. Definitions: Defined terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Term', 'Licensed Products', etc.
4. Grant of License: Scope of the non-exclusive license, including permitted uses and territory
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. License Fees and Royalties: Payment terms, royalty rates, reporting requirements, and audit rights
7. Quality Control: Standards for use of the trademark and quality control requirements
8. Usage Guidelines: Specific requirements for how the trademark must be displayed and used
9. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement notification, and enforcement
10. Representations and Warranties: Statements of fact and promises by both parties
11. Indemnification: Obligations to protect against losses arising from the agreement
12. Termination: Circumstances allowing termination and post-termination obligations
13. General Provisions: Standard clauses including notices, governing law, assignment, and entire agreement
1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties
2. Minimum Sales Requirements: Include when there are specific sales targets the licensee must meet
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Export Control: Include when licensed products may be subject to export regulations
5. Electronic Commerce: Include when license covers online usage of the trademark
6. Co-existence Provisions: Include when there are other licensees or similar marks in the market
7. Insurance Requirements: Include when specific insurance coverage is required for the licensee
1. Schedule A - Licensed Marks: Detailed list and images of all licensed trademarks, including registration numbers
2. Schedule B - Licensed Products: Comprehensive list of products/services covered by the license
3. Schedule C - Territory: Detailed definition of geographic territories where license is valid
4. Schedule D - Royalty Rates: Detailed breakdown of royalty rates and payment calculations
5. Schedule E - Quality Control Standards: Specific quality control requirements and procedures
6. Schedule F - Trademark Usage Guidelines: Detailed guidelines for trademark usage, including size, color, and placement
7. Appendix 1 - Approval Procedures: Step-by-step procedures for obtaining licensor approval for trademark usage
Find the exact document you need
Non Exclusive Trademark Licence Agreement
A U.S.-governed agreement allowing non-exclusive use of trademarks while protecting the owner's intellectual property rights and establishing usage terms.
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Trade Mark Licence Agreement
A U.S.-governed agreement authorizing the use of trademarks by a licensee under specified terms and conditions, subject to federal trademark laws and state contract regulations.
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