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Name Licensing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Name Licensing Agreement

"I need a Name Licensing Agreement to allow a small retail company to use my personal name for their new fashion line in the UK, starting from March 2025, with a 5% royalty on all sales and strict quality control provisions."

What is a Name Licensing Agreement?

A Name Licensing Agreement is essential when one party wishes to grant another the right to use a specific name for commercial purposes. This document, governed by English and Welsh law, is commonly used in situations involving brand names, personal names, or other valuable naming rights. It establishes clear parameters for usage, quality control, and financial compensation, while protecting the interests of both the licensor and licensee. The agreement typically includes detailed provisions for territory restrictions, term duration, renewal options, and termination conditions.

What sections should be included in a Name Licensing Agreement?

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and ownership declaration of the name

3. Definitions: Key terms used throughout the agreement

4. Grant of License: Scope and nature of the license granted

5. Term and Territory: Duration and geographical scope of the license

6. Payment Terms: License fees, royalties, and payment schedule

7. Quality Control: Standards for name usage and approval processes

8. Termination: Circumstances and process for ending the agreement

What sections are optional to include in a Name Licensing Agreement?

1. Sub-licensing Rights: Used when the licensee needs to grant rights to third parties

2. Minimum Performance Requirements: Minimum usage or revenue requirements for performance-based licenses

3. International Usage: Special provisions for when the license extends beyond UK territories

What schedules should be included in a Name Licensing Agreement?

1. Schedule 1: Licensed Name Specifications: Detailed description and representation of the licensed name

2. Schedule 2: Style Guide: Guidelines for name usage and presentation

3. Schedule 3: Territory Definition: Detailed description of licensed territories

4. Schedule 4: Fee Structure: Detailed breakdown of fees and royalties

5. Schedule 5: Approval Procedures: Detailed process for obtaining usage approvals

Authors

Alex Denne

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

Relevant legal definitions


















Clauses






























Industries

Trade Marks Act 1994: Primary legislation governing trademark registration, protection, licensing rights and restrictions, and remedies for infringement in England and Wales

Copyright, Designs and Patents Act 1988: Legislation relevant when the licensed name involves artistic elements, covering moral rights and attribution

Law of Property Act 1925: Legislation governing the creation and transfer of property rights in intangible assets

Consumer Rights Act 2015: Relevant legislation when the licensed name will be used in consumer-facing contexts

Contract Law Principles: Common law principles covering offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Passing Off: Common law doctrine protecting unregistered rights, goodwill and reputation

Competition Act 1998: Legislation ensuring fair competition and preventing anti-competitive practices in licensing agreements

Enterprise Act 2002: Legislation governing business practices and market competition relevant to licensing arrangements

UK GDPR: Data protection regulation applicable when personal data is involved in the licensing agreement

Data Protection Act 2018: UK legislation implementing data protection requirements, relevant when personal names are involved

Madrid Protocol: International treaty system for trademark protection, relevant when international use of the licensed name is contemplated

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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