Agreement · Intellectual Property — Patents, Trade Marks, Copyright, Designs
Trade mark licence agreement (authorised user, with quality control)
A trade mark licence under which the owner keeps control of the goods or services so the licensee is an authorised user: grant and scope, standards and approvals, inspection, use and marking, registration and enforcement, royalties, term and what happens on termination.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the authority it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a trade mark owner lets a related company, distributor, manufacturer, franchisee or collaborator use its mark in Australia. Quality or financial control is what makes the licensee's use authorised use. For a full transfer of the mark, use an assignment; for a franchise, check the Franchising Code as well.
How AI may be used
AI may build the schedule of marks, goods and services and fees from the register extracts and term sheet; a lawyer settles the control provisions, scope and termination and checks every registration detail against IP Australia's records.
AI may
- Build Schedule 1 (marks, registration numbers, classes, goods and services) from IP Australia register extracts supplied
- Fill the territory, term, royalty and reporting terms from the term sheet
- List any goods or services the licensee will supply that the registrations do not cover
AI must not
- Must not type registration numbers, classes or specifications from memory; they must come from the register extract
- Must not weaken or remove the quality control and inspection provisions
- Must not advise that the licensee's use is authorised use without the lawyer's review of the control actually exercised
The lawyer checks
- Each mark, number, class and owner checked against a current IP Australia extract
- The owner will in fact exercise the control the agreement describes, and the evidence of control will be kept
- Scope (goods, services, territory, channels, sublicensing) matches the commercial deal and the registrations
- Post-termination run-off, removal of marks and any franchise or competition law issues addressed
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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