Guidance

Guidance on the licensing of Ministry of Defence Names, Logos and Insignia on Merchandise

Updated 16 May 2023

Introduction

This guidance contains information on the Ministry of Defence (MOD) Merchandise Licensing Programme and should be read and understood before commencing the application process for a licence.

MOD insignia including arms, crests, badges and names, other such heraldic identifiers, or logos are owned by the MOD. They are protected by various intellectual property rights, including Crown copyright, registered/unregistered design rights, and registered/unregistered trademark rights.

To protect the MOD’s reputation and financial interests, any third party wishing to use MOD insignia on merchandise will require a licence from the MOD.

There are two types of merchandise licence. Please see paragraph 4 for information.

If you are a retailer and purchase MOD branded products from a MOD licensed supplier, there is no need for you to have a licence. All licence holders are issued a licence number from Defence Intellectual Property Rights (DIPR) which licensees should provide on request.

The MOD is prepared to take legal action against anyone who uses its intellectual property without a licence, in contravention of these legal rights.

Authorisation

Permission to use MOD insignia on merchandise can only be given from DIPR and DDC. It cannot be granted by serving military personnel of any rank, veterans or anyone else in the Defence community.

Defence Intellectual Property Rights (DIPR), who act on behalf of the Secretary of State for Defence, are the only authority that can issue licences for the use of MOD insignia.

The Directorate of Defence Communications (DDC) are the only authority who can advise and approve how MOD insignia can be applied and used on merchandise.

The Defence Brand Portal

The Defence Brand Portal (DBP) is where the MOD Merchandise Licensing Programme is administered. All licence applications, renewals, amendments and product approvals are managed via the DBP.

You can register for the DBP by visiting the website. Please see Annex B for further information.

The workflows on the DBP are designed to be easy to use and self-explanatory, however if any difficulties or questions arise, please contact mod-brandportal@ddcmod.org.

Only once a licence has been granted, access will be given to the specific highresolution images of MOD insignia which have been approved for use under the licence. These will be made available for download on the DBP.

Types of Licence

The two types of merchandise licence:

• the Standard Merchandise Licence – the licensed material under this licence can include Army, Navy, Royal Air Force and Battle of Britain Memorial Flight (BBMF) insignia. The licensed material is to be specially selected on application for a licence.

• the Red Arrows Licence - the licensed material under this licence can only include Red Arrows insignia. The licensed material is to be specially selected on application for a licence.

• each type of licence will be subject to a separate application and approvals process on the Defence Brand Portal and will be subject to separate licence fees.

Terms of Licence

All licence applications are subject to an approvals process on a case by case basis. There is no guarantee of a licence application being approved. The MOD’s decision is final and there is no appeal process. This does not preclude you from applying for a licence at a later date

The MOD does not grant exclusive licences. This means there may be several licensees selling similar or identical products.

Successful applicants will be required to take out and maintain Product Liability Insurance to a minimum of £5 million with an indemnity to principal clause and provide evidence of such insurance for the duration of the licence. This will insure and indemnify the MOD against product liability claims. All insurance documents will need to be validated before a licence is granted.

Licences are granted on commercial terms. No concessions are available for charities, associations, veterans or welfare organisations. All third parties are licensed on the same terms.

Licences are subject to fees. Please see Annex A for further information.

Licences are generally approved for a term of five (5) years.

Licence Renewal

An application for a renewal of a licence will need to be submitted six (6) months prior to the licence expiry date. Failure to submit the licence renewal application before the licence expiry date will result in the application being treated as a new licence application, which will incur new application fees (if the application for renewal is approved).

The decision to renew a licence is at the absolute discretion of the MOD.

Products and Approvals

A complete and extensive list of all products intended to be produced under the licence is required on application for a licence. Products should be chosen on the application form by firstly selecting the product category and then secondly, selecting the specific products. For example, “Clothing, Footwear and Headwear” is the product category and “Bath robes, Boots and Baseball Caps” are the specific products.

You will be required to submit artwork before production and may even be required to submit physical samples of all products intended to be produced under the licence. This is submitted to DDC for approval during the application stage and if a licence is granted, throughout the term of the licence via the Defence Brand Portal workflows.

In order to extend the candidate products listed within the licence you will be required to apply for an amendment to the licence. Approval for an amendment is not guaranteed. If the amendment is approved, an amendment fee will be payable.

Licensed products must be manufactured, distributed, advertised, promoted and sold in accordance with all statutes, codes, laws, decrees, rules and regulations applicable in the relevant territories

Licensees shall use OFFICIAL LICENSED PRODUCT holographic stickers on licensed products when they are made available. Each sticker has a unique reference number and only one sticker should be used per licensed product.

Statement of Sales for Royalty Periods

A royalty rate on total net sales of licensed products or a minimum royalty cost (whichever is greater) is payable at the end of each royalty period, except for the selloff period where the minimum royalty cost is not applicable.

The licence agreement will set out the start and end dates for each royalty period and when the statement of sales for each period is due. There will be a royalty period for each year of the licence. There will also be a sell-off period at the end of the licence to allow for the licensee to sell off or destroy any remaining MOD branded products.

A statement of sales for each royalty period including the sell-off period is required to be submitted to DIPR in the format provided in the licence. The statement of sales will set out the licensed products sold during each royalty period.

No reminder will be sent when a statement of sales is due or has not been received. It is the licensee’s responsibility to ensure that all statements of sales are submitted on time.

A late fee will be incurred on late submission of statement of sales.

Annex A - Licence Fees

The table below sets out the fees associated with a MOD merchandise licence. These feesare payable to DIPR and are non-negotiable. DIPR reserve the right to change these standard fees from time to time.

New application fees
Standard Merchandise Licence	£500 plus VAT
Red Arrows Merchandise Licence	£500 plus VAT
Royalty fees
Royalty Rate	8.5% of the Net Sales Price of each Licenced Product
Minimum Royalty Cos per Royalty Period (paid when royalties are lower than this minimum royalty cost )	£100 plus VAT
Renewal fee
Renewal fee	£200 plus VAT
Amendment fee
Amendment fee	£100 plus VAT
Late fee
Late fee	£40 plus VAT

Annex B - Guide to register for an account on the Defence Brand Portal

Log onto and click ‘Register’

Create a memorable username (this can be your email address) and complete all of the fields required.

If no one is sponsoring your access, you can add N/A into that field.

Ensure you read the text field at the bottom and click the box before clicking OK.

Check your inbox and verify your email. If you do not receive a verification email, please contact mod-brandportal@ddc-mod.org.

Once you have verified your email address, you will be prompted to login.

You can explore the portal and apply for a licence in the ‘Licensing’ section in the top navigation bar.