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Trademark Usage Agreement

Trademark Usage Agreement Template for Canada

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Key Requirements PROMPT example:

Trademark Usage Agreement

"I need a Trademark Usage Agreement for licensing my software company's trademark to a distributor in Eastern Canada, with exclusive rights for a 3-year term starting January 2025, including specific provisions for digital and print marketing materials."

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Document background
The Trademark Usage Agreement serves as a crucial legal instrument in Canadian intellectual property law, establishing the framework for authorized trademark usage between parties. This document is essential when a trademark owner wishes to permit another entity to use their registered mark(s) while maintaining control over their intellectual property. It's particularly relevant for business expansion, franchising, merchandising, or strategic partnerships. The agreement must comply with Canadian federal legislation, particularly the Trademarks Act, and may need to address provincial requirements, especially in Quebec. A well-drafted Trademark Usage Agreement should clearly define usage parameters, quality control measures, territorial limitations, and compensation structures, while providing mechanisms for protecting the trademark's integrity and value.
Suggested Sections

1. Parties: Identifies the trademark owner (Licensor) and the party being granted usage rights (Licensee)

2. Background: Establishes the Licensor's ownership of the trademark(s) and the context for the agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products/Services', etc.

4. Grant of License: Specifies the nature of the license (exclusive/non-exclusive), scope of permitted use, and territorial limitations

5. Term and Renewal: Defines the duration of the agreement and conditions for renewal

6. Quality Control: Outlines the Licensor's rights to maintain quality standards and inspect Licensed Products/Services

7. Usage Guidelines: Specifies how the trademark must be used, including format, size, placement, and prohibited uses

8. Royalties and Payments: Details any fees, royalties, or other compensation for trademark usage

9. Representations and Warranties: Contains parties' assertions regarding trademark ownership, right to enter agreement, etc.

10. Protection of the Mark: Outlines obligations regarding trademark protection and infringement reporting

11. Termination: Specifies grounds for termination and post-termination obligations

12. General Provisions: Standard clauses covering notice, assignment, governing law, etc.

Optional Sections

1. Sub-licensing Rights: Include when Licensee is permitted to grant sub-licenses to third parties

2. International Usage: Include when trademark usage extends to multiple jurisdictions

3. E-commerce Provisions: Include when trademark will be used in online commerce

4. Social Media Usage: Include when trademark will be used on social media platforms

5. Co-branding Rights: Include when the trademark will be used alongside other brands

6. Marketing and Promotion: Include detailed marketing requirements when significant promotional activities are planned

7. Compliance with Local Laws: Include when usage spans multiple jurisdictions with specific local requirements

Suggested Schedules

1. Schedule A - Licensed Marks: Detailed specifications of the licensed trademarks, including registration numbers and visual representations

2. Schedule B - Licensed Products/Services: Comprehensive list of products/services for which trademark usage is permitted

3. Schedule C - Style Guide: Detailed guidelines for visual presentation of the trademark

4. Schedule D - Quality Control Standards: Specific quality requirements and inspection procedures

5. Schedule E - Territory: Detailed description of geographic areas where usage is permitted

6. Schedule F - Royalty Calculations: Detailed methodology for calculating royalties if applicable

7. Appendix 1 - Approval Procedures: Step-by-step procedures for obtaining approval for trademark usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses































Relevant Industries

Retail

Manufacturing

Consumer Goods

Technology

Fashion and Apparel

Food and Beverage

Entertainment

Sports

Education

Franchising

Professional Services

Media and Publishing

Software and Digital Products

Pharmaceutical

Automotive

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Business Development

Commercial Operations

Compliance

Corporate Affairs

Licensing

Product Development

Strategy

Relevant Roles

General Counsel

Intellectual Property Lawyer

Brand Manager

Licensing Manager

Chief Legal Officer

Chief Executive Officer

Commercial Director

Franchise Manager

Marketing Director

Business Development Manager

Compliance Officer

Contract Manager

Chief Marketing Officer

Product Manager

Trademark Attorney

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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