Trademark Licensing Agreement

A Trademark Licensing Agreement is a legal document that enables a company (a licensor) to grant the exclusive or non-exclusive use of its trademark to another business (a licensee) and also allows the licensor to set out the terms associated with the use of its trademark.

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Last updated January 22, 2025

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Suitable for Australia

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Frequently asked questions

Use this Trademark Licence Agreement if:

  • You want to grant someone the use of your trademark, but do not want to transfer ownership of the trademark. 
  • You want to ensure that the person using your trademark uses it in a manner that was intended or agreed upon by you, and that they are aware of the consequences of non-compliance. 

What does this Trademark Licence Agreement cover?

  • Duration, jurisdiction and nature of the licence. 
  • Nature of the trademark as well as its supply and use. 
  • Warranties and indemnities
  • Licensee’s obligations: Licence Fees, Royalties, Stamp Duty, and GST.
  • Expiration, termination and revocation of the licence

Further information:

View Sample Trademark Licensing Agreement

The Legal Risk Score of a Trademark Licensing Agreement Template is Medium

Our legal team have marked this document as medium risk considering:

  • This document can only be implemented in a context where a trademark has been registered.
  • The document places the responsibility on the licensee to ensure quality control and maintain records, which could lead to potential financial and operational burdens if not managed properly.
  • The obligation to monitor and report on trademark infringement and other related issues requires vigilance and proactive management, which could be resource-intensive.

Users with some knowledge of trademark agreements and business operations may find this document manageable, but it is advisable to have access to legal and professional advice to navigate the complexities and fulfill the obligations effectively.

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