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Trade Name Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trade Name Licence Agreement

"I need a Trade Name Licence Agreement for my UK-based retail company to license our store name to a franchisee in Manchester, with an initial term of 5 years starting from January 2025 and including strict quality control provisions."

What is a Trade Name Licence Agreement?

A Trade Name Licence Agreement is essential when a business wants to permit another entity to use its trade name while maintaining control over its usage and reputation. This agreement, governed by English and Welsh law, typically includes detailed provisions about permitted use, quality standards, territory restrictions, and financial terms. It's particularly relevant for franchise operations, group companies, and brand expansions where maintaining consistent brand standards is crucial. The agreement ensures compliance with UK intellectual property laws while protecting the trade name owner's rights and interests.

What sections should be included in a Trade Name Licence Agreement?

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

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

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Scope and nature of the licence granted

5. Term and Termination: Duration of licence and termination provisions

6. Payment Terms: Licence fees, royalties and payment schedules

7. Quality Control: Standards maintenance and inspection rights

What sections are optional to include in a Trade Name Licence Agreement?

1. Sub-licensing Rights: Include when sub-licensing is permitted

2. Territory Restrictions: Include when licence is geographically limited

3. Marketing Requirements: Include when specific marketing obligations exist

4. Improvements: Include when dealing with future modifications to the trade name

What schedules should be included in a Trade Name Licence Agreement?

1. Trade Name Specifications: Detailed description and representation of the trade name

2. Quality Standards: Detailed quality control requirements and specifications

3. Fee Schedule: Detailed breakdown of fees and payment terms

4. Approved Uses: Specific approved uses and formats of the trade name

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 registration and protection of trade marks, including rights conferred by registered trade marks and licensing provisions

Companies Act 2006: Regulates company name requirements, business naming requirements, and trading disclosures

Business Names Act 1985: Sets out requirements and restrictions for business names usage

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations

Consumer Protection from Unfair Trading Regulations 2008: Covers misleading trading names and consumer protection requirements

Competition Act 1998: Addresses anti-competitive practices and market restrictions in business agreements

Intellectual Property (Enforcement, etc.) Regulations 2006: Provides framework for IP rights enforcement

Data Protection Act 2018 and UK GDPR: Regulates the processing of personal data that may be involved in the agreement

EU Retained Law: Relevant European Union laws retained in UK law post-Brexit affecting trade name licensing

Case Law Precedents: Relevant judicial decisions and precedents specifically related to trade name licensing

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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