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A Trademark Agreement lets businesses share, license, or transfer rights to their protected brand elements under NZ's Trade Marks Act 2002. It spells out how companies can use each other's logos, names, or distinctive marks, setting clear boundaries and payment terms.

These agreements protect both parties by documenting exact usage rights, quality standards, and territory limits. A cafe chain might use one to let local franchises display its brand, while tech companies often sign them when collaborating on joint products. The agreement must be registered with IPONZ to be legally enforceable in New Zealand.

Use a Trademark Agreement when you need to let others use your brand assets or want permission to use someone else's trademark in New Zealand. Common situations include franchising your business, launching co-branded products, or selling merchandise featuring another company's logo.

The timing matters most when expanding into new markets, starting franchise operations, or forming strategic partnerships. Getting this agreement in place early prevents trademark disputes and protects your brand value. Many Kiwi businesses draft these agreements before testing new distribution channels or launching joint marketing campaigns with other brands.

• Standard Trademark License: Grants basic permission to use a trademark for specific products or services, with quality control requirements and royalty terms
• Co-existence Agreement: Allows similar trademarks to operate in different markets or territories without conflict
• Franchise Trademark License: Detailed agreements for franchise systems, covering brand standards and operational requirements
• Limited Use Agreement: Permits temporary or restricted trademark use for specific events or promotions
• Cross-licensing Agreement: Enables two parties to use each other's trademarks, common in joint ventures or collaborations

• Brand Owners: Companies or individuals who own registered trademarks and want to protect or license their brand assets
• Franchisors: Businesses expanding through franchising who need to control how their trademarks are used across locations
• Legal Practitioners: Lawyers and trademark attorneys who draft and review agreements to ensure IPONZ compliance
• Licensees: Organizations or individuals receiving permission to use others' trademarks under specific terms
• Marketing Agencies: Companies needing trademark permissions for client campaigns or promotional materials

• Trademark Details: Gather registration numbers, classes, and usage history from IPONZ records
• Usage Scope: Define exact territories, products, and timeframes for trademark use
• Quality Standards: List specific requirements for how the mark must be displayed and used
• Payment Terms: Outline royalty rates, payment schedules, and reporting requirements
• Compliance Checks: Review current trademark status and any existing licenses or restrictions
• Draft Generation: Use our platform to create a customized, legally-sound agreement that meets NZ requirements

• Identification Section: Full details of parties and specific trademarks, including registration numbers
• Grant of Rights: Clear scope of permitted trademark usage and any territorial limits
• Quality Control: Standards for trademark use and inspection rights
• Payment Terms: Royalty rates, calculation methods, and payment schedules
• Term and Termination: Duration, renewal options, and grounds for ending the agreement
• Dispute Re����ֱ��: NZ jurisdiction clause and agreed re����ֱ�� process
• IPONZ Requirements: Registration obligations and compliance statements

A Trademark Agreement differs significantly from a Trademark License Agreement. While they might seem similar, understanding their distinct purposes helps choose the right tool for your situation.

• Scope and Purpose: Trademark Agreements cover broader arrangements including co-existence, transfers, and partnerships, while License Agreements specifically focus on permitting usage rights
• Duration and Flexibility: Trademark Agreements often establish permanent or long-term arrangements, whereas License Agreements typically have fixed terms with renewal options
• Control Mechanisms: License Agreements include detailed quality control and monitoring provisions, while Trademark Agreements may focus more on mutual rights and obligations
• IPONZ Registration: License Agreements must be registered with IPONZ to protect the licensee's interests, while some Trademark Agreements may not require registration