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Intercompany Trademark License Agreement Template for Canada

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Key Requirements PROMPT example:

Intercompany Trademark License Agreement

"I need an Intercompany Trademark License Agreement for my Canadian parent company to license our retail brand trademarks to our new subsidiary in Quebec, with specific provisions for French language requirements and quality control standards."

Document background
The Intercompany Trademark License Agreement is essential for corporate groups operating in Canada who need to formalize trademark licensing arrangements between their related entities. This document is typically used when a parent company, holding company, or dedicated IP entity wants to grant trademark rights to its subsidiaries or affiliated companies while maintaining proper control and protection of the intellectual property. The agreement ensures compliance with Canadian trademark law requirements for valid licensing, including quality control provisions, while acknowledging the special relationship between related entities. It's particularly important for tax purposes, transfer pricing considerations, and maintaining trademark rights under Canadian law. The document should be used whenever related companies need to establish clear parameters for trademark usage, especially in situations involving cross-border operations or multiple provincial jurisdictions within Canada.
Suggested Sections

1. Parties: Identification of the licensor and licensee companies, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between the parties, ownership of the trademarks, and purpose of the license

3. Definitions: Definitions of key terms including Licensed Marks, Territory, Field of Use, Effective Date, and other relevant terms

4. Grant of License: Scope of the license granted, including territory, exclusivity/non-exclusivity, and field of use restrictions

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Quality Control: Standards for use of the Licensed Marks and licensor's right to monitor and control quality

7. Usage Guidelines: Specific requirements for how the Licensed Marks must be used, including format, appearance, and trademark notices

8. Royalties and Payment: Financial terms, including any royalty payments or transfer pricing arrangements

9. Maintenance and Protection: Responsibilities for maintaining and protecting the Licensed Marks

10. Representations and Warranties: Basic warranties regarding ownership and right to license the marks

11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendment procedures

Optional Sections

1. Sub-licensing Rights: Include when the licensee needs the right to sub-license to its subsidiaries or affiliates

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

3. Audit Rights: Include when formal audit procedures for quality control or financial matters are required

4. Competition Law Compliance: Include when the agreement needs specific provisions to ensure compliance with competition laws

5. Tax Provisions: Include when specific tax treatment or transfer pricing arrangements need to be detailed

6. Language Requirements: Include when the marks will be used in Quebec or other jurisdictions with specific language requirements

Suggested Schedules

1. Schedule A - Licensed Marks: Detailed list of all licensed trademarks, including registration numbers and status

2. Schedule B - Usage Guidelines: Detailed brand guidelines and specifications for use of the Licensed Marks

3. Schedule C - Territory: Detailed description of the geographic territories where the license applies

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

5. Schedule E - Royalty Calculations: Details of any royalty calculations or transfer pricing methodologies

6. Appendix 1 - Approved Products/Services: List of products or services for which the Licensed Marks may be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses






























Relevant Industries

Technology

Manufacturing

Retail

Consumer Goods

Pharmaceuticals

Financial Services

Telecommunications

Automotive

Food and Beverage

Fashion and Apparel

Professional Services

Media and Entertainment

Relevant Teams

Legal

Intellectual Property

Brand Management

Corporate Affairs

Tax

Finance

Compliance

Marketing

Business Development

Strategy

Relevant Roles

General Counsel

IP Counsel

Legal Director

Corporate Lawyer

Trademark Attorney

Brand Manager

Chief Legal Officer

Commercial Counsel

Licensing Manager

Corporate Secretary

Tax Director

Chief Financial Officer

IP Portfolio Manager

Brand Protection Manager

Compliance Officer

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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