Trademark Licence Agreement

A trademark licence should translate commercial expectations into clear legal permissions and controls. The agreement should define exactly who may use the mark, for what, where and under which conditions.

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Scope of the licence

Key points include the licensed mark, goods or services, territory, duration, exclusivity and whether sublicensing is allowed. The contract should also address online use, advertising materials and associated domain or social-media use where relevant.

Quality and brand control

Trademark value depends on consistent use. Quality standards, approval processes and rules for brand presentation can therefore be central to the agreement.

Remuneration, enforcement and termination

The contract should address fixed or turnover-based fees, reporting, audits, infringement handling, ownership of improvements and what happens to stock, marketing and registrations after termination.

Preparing a trademark-law review

For an efficient first assessment, it is useful to provide the relevant registration extracts or application numbers, the sign as actually used, the goods or services concerned, key correspondence and a short chronology. In infringement matters, screenshots, packaging, invoices or marketplace listings can help establish how and when the sign was used. In filing matters, planned markets and the intended goods and services are particularly important.

The appropriate licence structure depends on the business model, territory, exclusivity, distribution structure and tax or competition-law context.