Why should I have a trade mark agreement?

As one of your most important business assets, a trade mark can provide valuable commercial opportunities. For example, an interested business may wish to purchase your trade mark or use it under license. In such cases, we recommend having a commercial agreement recorded in a written contract.

Actuate IP’s trade mark lawyers and trade mark attorneys can provide you with a well-drafted commercial agreement in plain English that clearly identifies the respective rights of all contracting parties. Importantly, these agreements are designed to promote a positive relationship between the parties and, in the unwanted event that a dispute arises, will pre-empt possible ‘worst case scenarios’ so your rights are protected.

Trade mark licence agreement
A trade mark licensing agreement is the most common type of arrangement for a trade mark holder to commercialise their brand. A comprehensive trade mark licence agreement sets out the rights and responsibilities of each party from the outset and provides contingencies in the unwanted event of a breakdown in the relationship between parties. Unclear contracts, or purely verbal agreements, will cause further disagreement and result in unnecessary legal costs and damage.

Investing in clearly documented trade mark agreements at the outset will provide business certainty while maximising your commercial return.

How can Actuate IP assist?

Actuate IP can draft clear and effective trade mark agreements and related documentation including:

  • transfer or assignment of trade marks
  • trade mark licensing agreements (exclusive and non-exclusive)
  • trade mark and brand usage guidelines
  • related confidentiality agreements.
Actuate IP’s trade mark attorneys can provide advice on proposed trade mark contracts and negotiate trade mark agreements on your behalf.

Contact Actuate IP
to learn more or see our business legal checklist or trade mark commercial agreement checklist.