Trademark / Patent License Agreement
An agreement that lets another business use your trademarks, patents or both: a schedule of the rights with registration numbers and countries, exclusivity, territory, a royalty with a worked example, quality control, upkeep, enforcement and ending. It makes no claim that any right is valid.
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Country versions
- International
- United States *
- United Kingdom *
- Korea *
- Japan *
- Germany *
* check with local advice
A template, not advice.
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What it is
A trademark or patent license agreement lets another business use something you own, a brand name and logo, a patented invention, or both, without handing over ownership. You stay the owner; the licensee gets a defined right to use the mark or work the invention, for a territory, for a field of products or services, and for a set time, in return for a royalty.
This template starts with a schedule of the licensed rights. For each one you enter whether it is a mark or a patent, its name, its registration or application number, the country or office, and its status. The agreement then fixes the key terms: how exclusive the rights are, where they apply and for which goods or services. The royalty can be a percentage of net sales, a fixed amount per period, or a percentage with a minimum, and if you enter an example sales figure the agreement prints the royalty it produces. Further clauses cover reports and payment, checking the licensee's records, quality control for marks, who pays the upkeep fees for patents, what happens when someone infringes, the term and what the licensee must do when it ends.
The agreement never states that a mark or a patent is valid. It says only that you own the rights or may license them. Registers, recording rules and the names of the kinds of licence differ by country, and the country selector adds the points that matter in Korea, Japan, Germany, the United Kingdom and the United States. It is a general template, not legal advice.
When to use it
- You own a brand or an invention and another company wants to make or sell products with it.
- You are the company that wants to use someone else's mark or patent and need the terms in writing.
- A distributor or manufacturer abroad will use your brand and you need quality control and a royalty.
- You want a worked royalty example in the contract so both sides read the money the same way.
How to fill it in
- Choose the country whose law applies, then say whether the agreement covers trademarks, patents or both.
- Enter owner and user, then list each mark or patent with its number, country or office and status.
- Set the exclusivity, the territory and the field of products or services, and decide on sub-rights.
- Choose the royalty model and the settlement period; enter an example sales figure to see the royalty worked out.
- Decide who pays patent upkeep fees, whether the owner may check the records and how long the agreement runs.
- Check the governing law and courts, print the agreement, have both sides sign, and record the licence where the country asks for it.
Common mistakes
- Licensing a brand without any real quality control, which can weaken the mark.
- Listing a mark or patent by name only, without the number and the country or office.
- Choosing "exclusive" when the owner still wants to sell in the territory itself; "sole" is the right choice.
- Charging a royalty on a patent after it has expired.
- Leaving the royalty base vague, so sales, returns and taxes are counted differently by each side.
- Not recording an exclusive licence where the country makes registration decide whether it takes effect.
Steps at a glance
- Fill in
- Check the preview
- Save as PDF, Word or Excel
Country versions
Pick the country you need. Each version uses the wording and layout commonly found there; a version marked “check with local advice” should be read by someone who knows the local rules before it is used.
- International (XX): Written in English, Korean, Japanese, German
- United States (US): Written in English – check with local advice
- United Kingdom (GB): Written in English – check with local advice
- Korea (KR): Written in Korean, English – check with local advice
- Japan (JP): Written in Japanese, English – check with local advice
- Germany (DE): Written in German, English – check with local advice
Designs
The same form in several designs. The fields and the wording stay the same; only the look changes.
- Formal
- Executive
- Classic
- Plain (black and white)
- Minimal
- Ledger
- Modern
- Compact
- Side band
- Warm
- Boxed form
- Banner
Your details fill it in
Fields that ask for your name, address or company details are filled from My details, so you do not type them again; you can still change any field for one form. Signed in, your details stay in your account; otherwise they stay in this browser only. A passport, identity or social security number is never saved.
Questions
- Does the agreement say my mark or patent is valid?
- No, deliberately. It says only that you own the rights or may license them and that you have not given conflicting rights to others. Whether a registration or patent holds up is a separate question for the registers and, if needed, a specialist.
- What is the difference between exclusive and sole?
- With an exclusive right even the owner stays out of the territory and field. With a sole right the owner may still use the rights itself but gives them to no one else. Pick sole if you want to keep selling yourself.
- How is the royalty example worked out?
- For a percentage royalty it is the example net sales times the rate. With a minimum, the agreement shows the higher of that result and the minimum for the period. The figure is only an illustration; the royalty actually owed is worked out from the real net sales.
- Do I have to register the licence?
- It depends on the country and the kind of licence. In some countries an exclusive licence takes effect only when registered; in others registration mainly protects against later buyers or helps the licensee sue. The country notes name the point; check it before you rely on an unregistered licence.
- Is this trademark and patent license legal advice?
- No. It is a general template. Competition law, tax on royalties, registration rules and the effect of exclusivity differ by country, so have an adviser review it before an important deal.
- Is this form legal, tax or accounting advice?
- No. It is a template: it gives you the usual structure and wording, not advice. Rules differ by country and case, so have someone qualified read anything that matters before you sign, send or file it.
- Which countries and designs does it come in?
- It comes in 6 country versions: International, United States, United Kingdom, Korea, Japan, and Germany. 12 designs.
A form is a template, not legal, tax or accounting advice. Rules differ by country and case.