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Non Exclusive Trademark Licence Agreement for the United Kingdom

Non Exclusive Trademark Licence Agreement Template for England and Wales

A Non-Exclusive Trademark Licence Agreement is a legal contract governed by English and Welsh law that permits the use of a registered trademark by a licensee while allowing the licensor to grant similar rights to other parties. The agreement establishes the terms of use, quality control measures, territorial restrictions, and financial arrangements while ensuring the trademark owner maintains control over their intellectual property rights. It includes provisions for compliance with UK trademark legislation and competition law requirements.

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Non Exclusive Trademark Licence Agreement

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What is a Non Exclusive Trademark Licence Agreement?

The Non-Exclusive Trademark Licence Agreement is essential when a trademark owner wishes to monetize their intellectual property while maintaining control over its use and the ability to license to multiple parties. This agreement, governed by English and Welsh law, is commonly used in commercial arrangements where brand exploitation across multiple channels or territories is desired. It details specific usage rights, quality standards, payment terms, and territorial restrictions while ensuring compliance with UK trademark legislation and competition laws. The non-exclusive nature allows the licensor to grant similar rights to other parties, making it particularly suitable for broad market exploitation strategies.

What sections should be included in a Non Exclusive Trademark Licence Agreement?

1. Parties: Details of the licensor and licensee, including registered addresses and company numbers

2. Background: Context of the agreement, ownership of the trademark, and intention of the parties

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

4. Grant of Licence: Scope and nature of the non-exclusive licence granted, including permitted uses

5. Territory: Geographical scope of the licence and any territorial restrictions

6. Quality Control: Standards and control measures for trademark usage, including approval processes

7. Payment Terms: Licence fees, royalties, payment arrangements and reporting requirements

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Governing Law: Specification of English and Welsh law as governing law and jurisdiction

What sections are optional to include in a Non Exclusive Trademark Licence Agreement?

1. Sub-licensing Rights: Provisions for granting sub-licences to third parties, if permitted

2. Marketing and Promotion: Requirements and restrictions for marketing and promoting licensed products

3. Export Restrictions: Specific provisions limiting export of licensed products outside the Territory

4. Minimum Performance Requirements: Minimum sales targets or usage requirements to maintain the licence

What schedules should be included in a Non Exclusive Trademark Licence Agreement?

1. Schedule 1: Licensed Trademarks: Comprehensive list of all trademarks covered by the licence, including registration numbers

2. Schedule 2: Licensed Products/Services: Detailed specification of products or services permitted under the licence

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

4. Schedule 4: Royalty Calculations: Detailed methods for calculating royalties, including reporting templates

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

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions

























Clauses






























Industries

Trade Marks Act 1994: Primary legislation governing trademark registration, rights, and licensing in the UK. Contains key provisions for valid trademark licenses and requirements regarding use and control of trademarks.

The Trade Marks Regulations 2018: Updated regulations implementing EU Directive 2015/2436, providing technical requirements for trademark registration and licensing in the UK.

Competition Act 1998: Key legislation governing competition law in the UK, ensuring trademark licensing agreements do not contain anti-competitive provisions.

Enterprise Act 2002: Supplements competition law framework and provides additional provisions regarding market regulation and business practices.

Common Law Contract Principles: Fundamental principles governing contract formation, validity, and enforcement under English law.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for sub-licensing provisions.

Copyright, Designs and Patents Act 1988: Relevant for consideration of overlapping intellectual property rights that might affect trademark usage.

Common Law Passing Off: Unregistered trademark rights protection under English common law, important for understanding overall trademark protection scope.

Consumer Rights Act 2015: May be relevant if trademark licensed products or services are provided to consumers.

Paris Convention: International treaty providing framework for intellectual property protection, including trademarks.

Madrid Protocol: International treaty governing international trademark registration system.

TRIPS Agreement: International agreement setting minimum standards for intellectual property regulation in WTO member countries.

UK GDPR and Data Protection Act 2018: Relevant if the trademark license agreement involves processing of personal data or requires data sharing between parties.

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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