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Trade mark licence drafting and negotiation checklist with Brexit/EUTM considerations, covering commercial terms, scope, territory, quality control, fees, infringement, termination and post-termination; adaptable for heads of terms

Published by a LexisNexis IP expert
Checklists
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How to use this Checklist

This Checklist sets out the main terms usually seen in a trade mark licence. Use it as a prompt when drafting, reviewing or negotiating trade mark licences. For detail on the legal framework and any required formalities, see Practice Note: Licensing intellectual property rights. For practical guidance on preparing a trade mark licence, see Practice Note: Drafting a trade mark licence—a practical guide. The Checklist can also be tailored as heads of terms to capture key points agreed while a formal trade mark licence is being negotiated. For advice on this approach, see Precedent: Heads of terms—commercial contracts...

Checklist schedule for proposed trade mark licence

  • Points to consider
  • Further information
  • Notes (if any)

(A) Key commercial considerations

  • Parties — Confirm which entities will be party to the agreement—identify which entity owns the trade marks (ie the licensor) and which entity will be using them (ie the licensee). Confirm each party’s legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement...
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Web page updated on 20/05/2026

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