Trademark Agreement

This License Agreement (“Agreement”) is made between DAWN WAUGH of Capable Kids Ltd (“the Licensor), c/o Murgitroyd & Company, 165-169 Scotland Street, Glasgow G5 8PL ; and

Teacher's Name*

First NameLast Name

Teacher's Email*

example@example.com

Name of School*

School's Address (full address for postage of the Junior Duke materials)*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

So that I don't need to email you reminders about payment once the booklets etc. have arrived in your school, please give me an email address for your finance department:*

example@example.com

DEFINITION
1) “The Mark” shall mean the trade mark THE JUNIOR DUKE / JUNIOR DUKE, as protected under UK Trade Mark Application Number No. 3200190 (“the Application”), owned by the Licensor, in Classes 16 (“the Goods”) and 41 (“the Services”, details of which are set out at Schedule A.

TERM
2) This Agreement shall enter into force upon the date of its signature and shall continue in effect for ten years, and shall be automatically renewed for a further period unless either party gives notice to terminate.

LICENSED PRODUCTS
3) The Licensee of the Mark will use it in relation to provision of the Services or apply the Mark to the Goods and no other goods.

GRANT
4) The Licensor hereby grants to the Licensee a non-exclusive, non transferable license to use the Mark on the Goods, or in connection with provision of the Services.

OBLIGATIONS OF THE LICENSEE
5(i) The Licensee is obliged to use the Mark in a form provided by the Licensor and will not vary the form without permission of the Licensor;
5(ii) The Licensee is obliged to use the Mark only in relation to the Goods and Services as set out in Paragraph 4;
5(iii) The Licensee is obliged not apply to register any trade mark containing the Mark for identical or similar goods and services as covered by the Application in the UK, while the subsequent Registration is in effect;
5(iv) The Licensee is obliged, at the request of the Licensor, to provide samples of the use of the Mark;
5(v) The Licensee is obliged not to sub-licence the Mark unless it obtains the prior written consent of the Licensor;
5(vi) The Licensee is obliged not to take any action or any procedures of whatever kind which may affect adversely the reputation of, or be detrimental to, the Licensor or the Mark; and
5(vii) Whenever the Licensee uses the Mark in any manner contrary to the obligations above, he shall in addition to being construed as a failure to comply with the requirements of the Agreement, be deemed also to be an infringement of the rights of the Licensor as the sole owner of the Mark and shall entitle the Licensor to all remedies and claims attaching to such rights.

TERMINATION
6 Either party may terminate this Agreement by giving notification in writing to the other party three months in advance of the expiry.
7 Upon termination, the Licensee agrees to cease, and in future, desist from the provision Services under the Mark, or application of the Mark to Goods, and in particular to remove the Mark from all webpages or printed matter.

For your information,

SCHEDULE A

Mark - THE JUNIOR DUKE / JUNIOR DUKE
No. - 32 00 190
Filing date - 2 December 2016
Classes - 16, 41

Specification

Class 16
Printed matter; booklets; leaflets; certificates.

Class 41
Organisation of competitions and awards for personal development and life skills; organisation and provision of a training and award scheme for school children; personal development and life skills education for school children; organisation of courses, and sporting and cultural events for school children; development and dissemination of educational tools, content, and materials of others via global computer information network in relation to a training and award scheme for school children; providing training and seminars for teachers, and running training and award schemes; providing a website featuring on-line and downloadable educational and instructional courses and educational and instructional course materials for children; arranging and conducting educational, instructional, and training courses, seminars, workshops, exhibitions and classes for children; publication of texts, books, magazines and printed matter; development and distribution of educational material; providing online newsletters and blogs in relation to training and award scheme for children; vocational guidance; design and development of education, instruction, teaching, tuition, and training courses (including distance learning, correspondence and e-learning courses) for children relating to personal development and life skills; entertainment; sporting and cultural services; conferral services for giving awards and certificates; arranging of award ceremonies; information, advisory and consultancy services relating to all the aforesaid services; all of the aforesaid also provided online from a computer database and/or intranets and/or extranets and/or the Internet.