Trade Mark Licence Agreement (Long Form)
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At a Glance
Trade Mark Licence Agreement (Long Form)
This Trade Mark Licence Agreement (Long Form) is a comprehensive precedent designed for use when a trade mark owner (licensor) authorises another party (licensee) to use the trade mark in Australia. It ensures that quality control, royalty payments, and goodwill protection are properly managed in accordance with the Trade Marks Act 1995 (Cth).
What This Agreement Covers
• Grant of exclusive or non-exclusive trade mark licence in Australia
• Royalty and payment structure, including tiered sales thresholds and GST compliance
• Registration of the licensee as an authorised user under s 113 of the Trade Marks Act 1995 (Cth)
• Licensor’s quality control rights over goods and services bearing the trade mark
• Inspection rights, testing, and maintenance of manufacturing standards
• Record-keeping, audits, and accounting requirements
• Obligations of the licensee to protect goodwill and prevent misleading use
• Procedures for infringement notification and enforcement
• Indemnities for unauthorised use, breach, or third-party claims
• Confidentiality obligations and non-solicitation provisions
• Termination events including insolvency, breach, or cessation of business
• GST, governing law, and notices provisions
• Schedules for trade mark details, products, and licence fees
Why Use This Template?
• Provides comprehensive control for trade mark owners over brand use and reputation
• Ensures the licensee complies with strict quality and IP protection standards
• Suitable for exclusive or non-exclusive licensing arrangements
• Includes enforceable indemnity and audit rights for licensors
• Covers GST and Australian regulatory compliance under IP law
• Fully editable and ready to customise for commercial use
Suitable For
This precedent is ideal for brand owners, licensors, and legal practitioners managing formal trade mark licences where protection of intellectual property, product quality, and commercial integrity are essential.
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