A Logo License Agreement is a crucial legal document used when one party wishes to grant another party the right to use their logo or brand mark in New Zealand. This agreement is essential for protecting intellectual property rights while enabling commercial exploitation of brand assets. It should be used whenever a logo owner wants to permit controlled use of their logo by third parties, whether for manufacturing products, providing services, or other commercial purposes. The agreement must comply with New Zealand's legal framework, particularly the Trade Marks Act 2002 and Copyright Act 1994, and includes detailed provisions for quality control, payment terms, and usage restrictions. It's particularly important in franchising, merchandising, and brand collaboration scenarios where maintaining brand integrity is paramount.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, ownership of the logo, and purpose of the license
3. Definitions: Key terms used throughout the agreement including 'Logo', 'Licensed Products', 'Territory', and 'Term'
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. License Fee and Payment Terms: Financial terms including license fees, royalties, payment schedule, and reporting requirements
6. Quality Control: Standards for logo usage, approval processes, and quality maintenance requirements
7. Protection of Rights: Provisions for protecting the logo's integrity and intellectual property rights
8. Representations and Warranties: Statements regarding ownership, right to license, and non-infringement
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Post-Termination Obligations: Requirements after agreement ends, including cessation of use and return of materials
11. General Provisions: Standard clauses including notices, assignment, and governing law
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the logo to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
3. Minimum Performance Requirements: Include when license is tied to minimum sales or usage requirements
4. Territory Restrictions: Include when complex territorial limitations apply
5. Co-branding Requirements: Include when logo will be used alongside other brands
6. Digital Usage Terms: Include when logo will be used in digital/online contexts
7. Audit Rights: Include when licensor requires right to audit licensee's usage and accounts
1. Logo Specifications: Detailed technical specifications of the logo including dimensions, colors, and variations
2. Style Guide: Comprehensive guidelines for logo usage and placement
3. Approved Products/Services: List of products or services approved for logo use
4. Territory Definition: Detailed description of geographic areas where logo may be used
5. Fee Schedule: Detailed breakdown of fees, royalties, and payment terms
6. Approval Process: Step-by-step process for obtaining approval for logo usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Fashion and Apparel
Consumer Goods
Technology
Sports and Entertainment
Food and Beverage
Franchising
Media and Publishing
Professional Services
Education
Healthcare
Automotive
Hospitality
Relevant Teams
Legal
Marketing
Brand Management
Business Development
Commercial
Design
Creative
Intellectual Property
Licensing
Contract Administration
Corporate Communications
Relevant Roles
Brand Manager
Legal Counsel
Intellectual Property Lawyer
Commercial Director
Licensing Manager
Marketing Director
Business Development Manager
Franchise Manager
Commercial Manager
Contract Administrator
Design Director
Creative Director
Chief Marketing Officer
Chief Legal Officer
Trademark Attorney
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