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Perpetual Trademark License for Australia

Perpetual Trademark License Template for Australia

A Perpetual Trademark License Agreement is a comprehensive legal document governed by Australian law that establishes an ongoing, indefinite right for a licensee to use specified trademarks owned by the licensor. The agreement details the terms and conditions for trademark usage, quality control requirements, territorial restrictions, and payment obligations while complying with the Australian Trade Marks Act 1995 and related legislation. This document is particularly significant as it grants permanent rights, making the initial drafting and negotiation crucial for long-term brand protection and commercial success.

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What is a Perpetual Trademark License?

The Perpetual Trademark License Agreement is essential for businesses seeking to establish long-term trademark licensing arrangements in Australia. This document is typically used when a trademark owner wishes to grant permanent rights to another party to use their registered marks, often in situations involving long-term strategic partnerships, brand expansions, or major business collaborations. The agreement must comply with Australian intellectual property law, particularly the Trade Marks Act 1995 and related regulations. It includes comprehensive provisions for quality control, usage guidelines, and protection mechanisms to ensure the trademark's value is maintained despite the perpetual nature of the license. The document is particularly crucial as it creates permanent rights and obligations, making thorough due diligence and careful drafting essential to protect both parties' interests.

What sections should be included in a Perpetual Trademark License?

1. Parties: Identification of the Licensor and Licensee, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including trademark ownership details and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', and 'Licensed Products'

4. Grant of License: Detailed description of the perpetual license grant, including scope, territory, and any restrictions

5. License Fee: Details of any upfront fees, ongoing royalties, or other financial considerations

6. Quality Control: Licensor's quality control rights and Licensee's obligations to maintain standards

7. Use of the Licensed Marks: Specific requirements and restrictions regarding trademark usage

8. Protection of the Licensed Marks: Obligations regarding trademark protection, infringement reporting, and enforcement

9. Representations and Warranties: Each party's assertions about their rights, authority, and other material facts

10. Record Keeping and Audits: Requirements for maintaining records and allowing audits

11. Indemnification: Mutual or one-way indemnification obligations

12. Limited Termination Rights: Specific circumstances under which the perpetual license may be terminated

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard boilerplate clauses including notices, assignment, governing law

What sections are optional to include in a Perpetual Trademark License?

1. Sub-licensing Rights: Include when the Licensee is permitted to grant sub-licenses

2. Manufacturing Requirements: Include when the license involves manufacturing of products

3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

4. E-commerce Provisions: Include when the licensed marks will be used in online commerce

5. International Usage: Include when the license extends to multiple jurisdictions

6. Corporate Social Responsibility: Include when specific ethical or sustainability requirements apply

7. Change of Control: Include when restrictions on change of control are necessary

8. Non-Competition: Include when restricting Licensee's involvement with competing brands

What schedules should be included in a Perpetual Trademark License?

1. Schedule 1 - Licensed Marks: Detailed list of all licensed trademarks, including registration numbers and classes

2. Schedule 2 - Licensed Products/Services: Comprehensive description of products/services covered by the license

3. Schedule 3 - Quality Control Standards: Detailed quality control requirements and specifications

4. Schedule 4 - Brand Guidelines: Specific requirements for visual representation and usage of the marks

5. Schedule 5 - Territory Definition: Detailed description of geographic territories covered by the license

6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

7. Appendix A - Trademark Certificates: Copies of trademark registration certificates

8. Appendix B - Approval Procedures: Detailed procedures for obtaining Licensor approval for new uses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant legal definitions

















































Clauses















































Relevant Industries

Consumer Goods

Retail

Manufacturing

Technology

Food and Beverage

Fashion and Apparel

Entertainment

Media

Pharmaceuticals

Automotive

Franchising

Professional Services

Education

Sports and Recreation

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Business Development

Compliance

Risk Management

Corporate Affairs

Marketing

Finance

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Intellectual Property Counsel

Brand Manager

Licensing Director

Commercial Director

Legal Counsel

Trademark Attorney

Business Development Director

Chief Commercial Officer

Contract Manager

Compliance Officer

Risk Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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