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Name Licensing Agreement for Canada

Name Licensing Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes the terms and conditions under which one party (the Licensor) grants another party (the Licensee) the right to use a specific name or brand identifier. The agreement covers essential elements including license scope, territorial restrictions, quality control measures, financial terms, and usage parameters, while ensuring compliance with Canadian trademark law, privacy regulations, and commercial licensing requirements. It includes provisions for monitoring and maintaining the integrity of the licensed name, dispute resolution mechanisms, and termination conditions.

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Name Licensing Agreement

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What is a Name Licensing Agreement?

A Name Licensing Agreement is a crucial legal instrument used when an individual or entity wishes to grant rights to another party to use their name, brand, or identifier in a commercial context. This document, structured under Canadian law, establishes the framework for authorized usage, including specific permissions, restrictions, quality control measures, and financial compensation. It's particularly relevant in situations involving celebrity names, established brands, or distinctive business identifiers. The agreement encompasses federal trademark considerations, provincial contract law requirements, and industry-specific regulations. It's essential for protecting both the licensor's reputation and the licensee's investment while ensuring clear guidelines for name usage, dispute resolution, and termination procedures.

What sections should be included in a Name Licensing Agreement?

1. Parties: Identification of the Licensor and Licensee, including full legal names and addresses

2. Background: Context of the agreement, including ownership of the name and purpose of the licensing arrangement

3. Definitions: Key terms used throughout the agreement, including 'Licensed Name', 'Territory', 'Term', and 'Permitted Use'

4. Grant of License: Specific rights being granted, including scope, exclusivity/non-exclusivity, and territorial limitations

5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination

6. License Fees and Payment Terms: Financial terms including licensing fees, royalties, payment schedule, and reporting requirements

7. Quality Control: Standards for use of the licensed name and Licensor's right to monitor and approve usage

8. Protection of Rights: Obligations regarding protection of the licensed name, including trademark registrations and infringement actions

9. Representations and Warranties: Basic warranties about ownership, right to license, and non-infringement

10. Indemnification: Mutual or one-way indemnification obligations

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. General Provisions: Standard clauses including notices, governing law, amendment process, and entire agreement

What sections are optional to include in a Name Licensing Agreement?

1. Sublicensing Rights: Include when the Licensee is permitted to sublicense the name to third parties

2. International Use: Include for cross-border licensing arrangements with specific requirements for different jurisdictions

3. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

4. Change of Control: Include when the agreement needs to address consequences of ownership changes for either party

5. Dispute Resolution: Include when specific arbitration or mediation procedures are required

6. Insurance Requirements: Include when specific insurance coverage is required for the licensed name usage

7. Right of First Refusal: Include when the Licensee is granted priority rights for additional licensing opportunities

8. Social Media Usage: Include when the licensed name will be used on social media platforms

What schedules should be included in a Name Licensing Agreement?

1. Schedule A - Licensed Name Specifications: Detailed description of the licensed name, including any variations, designs, or stylized versions

2. Schedule B - Territory Definition: Detailed description of geographic areas where the license is valid

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule D - Quality Control Guidelines: Specific requirements for maintaining quality standards in name usage

5. Schedule E - Approved Uses: List of pre-approved uses and formats for the licensed name

6. Appendix 1 - Trademark Registrations: List of relevant trademark registrations associated with the licensed name

7. Appendix 2 - Reporting Templates: Standard forms for usage reports and royalty calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
















































Clauses


































Relevant Industries

Entertainment and Media

Retail and Consumer Goods

Fashion and Apparel

Sports and Recreation

Food and Beverage

Technology and Software

Professional Services

Manufacturing

Education and Training

Hospitality and Tourism

Relevant Teams

Legal

Intellectual Property

Marketing

Business Development

Compliance

Brand Management

Quality Assurance

Corporate Affairs

Commercial Operations

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Manager

Licensing Director

Commercial Contract Manager

Business Development Manager

Chief Legal Officer

Trademark Attorney

Marketing Director

Quality Assurance Manager

Compliance Officer

Corporate Secretary

CEO

Managing Director

Brand Protection Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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