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Trademark License Agreement Template Guide
Essential clauses for licensing a registered trademark in Thailand, covering royalties, quality control, territory, and termination provisions under the Trademark Act.
When to Use
When a trademark owner (licensor) grants another party (licensee) permission to use a registered trademark in Thailand for commercial purposes.
Key Clauses
Parties & Trademark Identification
Full legal names, registration number, classes of goods/services, and DIP registration details of the licensed trademark.
Scope of License
Exclusive, non-exclusive, or sole license. Geographic territory (Thailand-wide or specific provinces). Permitted products/services.
License Term & Renewal
Duration of the license agreement, renewal conditions, and notice periods for non-renewal.
Royalty & Payment Terms
Royalty rate (percentage of net sales or fixed fee), payment schedule, minimum royalties, and audit rights.
Quality Control Standards
Licensor's right to inspect products/services. Quality specifications, approved materials, and manufacturing standards.
DIP Registration of License
Obligation to register the license agreement with the Department of Intellectual Property within 3 months.
Sub-licensing Restrictions
Whether the licensee may grant sub-licenses. Typically prohibited without written consent.
Infringement Actions
Obligation to notify licensor of infringements. Rights and responsibilities for enforcement actions.
Termination & Post-Termination
Grounds for termination (breach, bankruptcy, quality failure). Obligations to cease use and destroy materials after termination.
Warnings
Trademark license agreements must be registered with the DIP to be enforceable against third parties (Trademark Act B.E. 2534 (1991), Section 68).
Failure to maintain quality control may constitute 'naked licensing' and could jeopardize the trademark registration.
Royalty payments to foreign licensors are subject to 15% withholding tax unless reduced by a double taxation agreement.
The licensee cannot assign the license without the licensor's written consent unless the agreement states otherwise.
Professional Legal Assistance
When a matter involves investigation, arrest, detention, litigation, or regulatory action, professional legal representation becomes essential.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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