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Brand Name License Agreement

Brand Name License Agreement Template for India

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Key Requirements PROMPT example:

Brand Name License Agreement

"I need a Brand Name License Agreement for licensing my premium fashion brand to a distributor in South India, with strict quality control measures and a 5% royalty on net sales, starting from March 2025."

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Document background
A Brand Name License Agreement is a crucial legal instrument used when a brand owner wishes to permit another entity to use their brand name and associated intellectual property rights in India. This document is essential for businesses expanding through licensing models, particularly when entering new markets or product categories. The agreement must comply with Indian intellectual property laws, particularly the Trade Marks Act, 1999, and the Contract Act, 1872. It typically includes comprehensive provisions covering license scope, quality control measures, financial terms, and compliance requirements. The document is particularly relevant for international brands entering the Indian market through local partners, as well as domestic brands expanding through licensing arrangements. The agreement serves to protect the brand owner's interests while providing clear operational guidelines for the licensee.
Suggested Sections

1. Parties: Identification of the licensor and licensee with complete legal details

2. Background: Context of the agreement, including ownership of the brand name and business purpose

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Scope of rights being licensed, including territory, exclusivity, and permitted uses

5. Term and Renewal: Duration of the license and conditions for renewal

6. License Fees and Royalties: Financial terms, payment schedule, and calculation methods

7. Quality Control: Standards, approval processes, and quality maintenance requirements

8. Usage Guidelines: Specific rules and restrictions for brand name usage

9. Representations and Warranties: Statements of fact and promises by both parties

10. Protection of IP Rights: Measures for protecting the brand name and handling infringement

11. Termination: Grounds and process for ending the agreement

12. Post-Termination Obligations: Rights and duties of parties after agreement ends

13. Confidentiality: Protection of confidential information exchanged

14. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Sub-licensing Rights: Terms for granting sub-licenses, used when sub-licensing is permitted

2. Digital Usage: Specific provisions for online and digital use of the brand name

3. Marketing and Promotion: Requirements and restrictions for promotional activities

4. Training Requirements: Staff training obligations for brand standards, relevant for service businesses

5. Territory Extension: Mechanism for expanding licensed territory, used for phased expansion

6. First Right of Refusal: Rights for additional territories or products, used in strategic partnerships

7. Insurance Requirements: Specific insurance obligations, important for high-risk industries

8. Corporate Social Responsibility: CSR obligations, important for brands with strong social commitments

Suggested Schedules

1. Brand Guidelines: Detailed specifications for brand usage including logos, colors, and typography

2. Licensed Products/Services: Comprehensive list of products/services covered under the license

3. Territory Definition: Detailed description of geographic areas covered

4. Quality Standards: Specific quality requirements and testing procedures

5. Royalty Calculation: Detailed methodology for calculating royalties

6. Approval Procedures: Step-by-step processes for obtaining approvals

7. Reporting Templates: Standard formats for required reports

8. Contact Details: List of key contacts and escalation matrix

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions













































Clauses








































Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports

Hospitality

Education

Automotive

Pharmaceutical

Franchising

Media and Publishing

Electronics

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Compliance

Operations

Brand Management

Licensing

Contract Administration

Relevant Roles

Brand Manager

Licensing Director

Intellectual Property Counsel

Commercial Director

Business Development Manager

Legal Counsel

Compliance Officer

Marketing Director

Chief Executive Officer

Franchise Manager

Contract Manager

Operations Director

Chief Commercial Officer

Brand Protection Manager

Intellectual Property 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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