All Countries
IP
Exclusive Trademark License Agreement

Exclusive Trademark License Agreement Template for Canada

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Exclusive Trademark License Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Exclusive Trademark License Agreement

"I need an Exclusive Trademark License Agreement for my Canadian fashion retail company to license our registered clothing brand trademarks to a manufacturer in Ontario, with strict quality control provisions and a 5% royalty rate on net sales, starting March 1, 2025."

Celebrated by
Collaborations with
Investors
Document background
The Exclusive Trademark License Agreement is a crucial legal instrument used when a trademark owner wishes to grant another party the sole right to use their trademark(s) in a specified territory or for specific products/services in Canada. This agreement is particularly important in commercial relationships where brand control and exclusivity are essential, such as in manufacturing, distribution, or retail arrangements. The document must comply with Canadian trademark law requirements, especially regarding quality control and trademark usage, to maintain the marks' validity. It includes detailed provisions on royalty payments, quality standards, enforcement rights, and termination conditions. This type of agreement is commonly used in business expansion strategies, brand licensing programs, and market entry arrangements where protecting the trademark owner's rights while maximizing commercial opportunities is paramount.
Suggested Sections

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

2. Background: Context of the agreement, including trademark ownership details and parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.

4. Grant of License: Explicit grant of exclusive license, including scope and any reserved rights

5. Territory: Geographic area where the license is valid

6. Term and Renewal: Duration of the agreement and conditions for renewal

7. Payment Terms: Royalty rates, payment schedule, calculation methods, and reporting requirements

8. Quality Control: Standards for use of the trademark and licensor's right to inspect and approve

9. Protection and Enforcement: Rights and obligations regarding trademark protection and infringement actions

10. Representations and Warranties: Parties' assertions about trademark ownership, authority to enter agreement, etc.

11. Termination: Grounds for termination, notice requirements, and post-termination obligations

12. Confidentiality: Protection of confidential information exchanged during the relationship

13. General Provisions: Standard clauses including governing law, notices, assignment, etc.

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the trademark to third parties

2. Minimum Performance Requirements: Include when specific sales targets or minimum royalties are required

3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

4. Right of First Refusal: Include when licensee has priority rights for additional territories or products

5. Insurance: Include when specific insurance coverage is required for licensed products

6. Export Control: Include when licensed products are subject to export regulations

7. Change of Control: Include when agreement terms may be affected by ownership changes

Suggested Schedules

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

2. Schedule B - Licensed Products/Services: Comprehensive description of products/services covered by the license

3. Schedule C - Quality Control Standards: Detailed quality control requirements and specifications

4. Schedule D - Royalty Calculations: Detailed methodology for calculating royalties, including examples

5. Schedule E - Approved Form of Trademark Usage: Guidelines and examples of approved trademark display and usage

6. Appendix 1 - Trademark Registrations: Copies of trademark registration certificates

7. Appendix 2 - Quality Control Reports: Templates for required quality control reporting

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports and Recreation

Pharmaceuticals

Automotive

Hospitality

Manufacturing

Franchising

Luxury Goods

Relevant Teams

Legal

Intellectual Property

Licensing

Brand Management

Commercial

Business Development

Executive Leadership

Quality Assurance

Compliance

Marketing

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Licensing Director

Brand Manager

Commercial Contract Manager

Business Development Director

Chief Executive Officer

Quality Control Manager

Trademark Attorney

General Counsel

Compliance Officer

Marketing Director

Industries
Trademarks Act (R.S.C., 1985, c. T-13): Federal legislation governing trademark registration, use, licensing, assignment, and enforcement in Canada. Key for defining the scope of trademark rights and requirements for valid licensing arrangements.
Competition Act (R.S.C., 1985, c. C-34): Federal legislation relevant to exclusive licensing arrangements to ensure compliance with competition law, particularly regarding market dominance and anti-competitive practices.
Provincial Contract Law/Civil Code of Quebec: Provincial laws governing contract formation, interpretation, and enforcement. In Quebec, the Civil Code applies, while other provinces follow common law principles.
Consumer Protection Act (Provincial): Provincial legislation protecting consumer rights, relevant if the licensed trademark will be used in consumer-facing products or services.
Income Tax Act (R.S.C., 1985, c. 1): Federal legislation governing taxation of royalty payments and licensing income, including withholding tax requirements for international licensing arrangements.
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

Find the exact document you need

Service Mark License Agreement

A Canadian-law governed agreement allowing controlled use of a service mark by a licensee, subject to quality standards and commercial terms.

find out more

Brand Usage Agreement

A Canadian-law governed agreement that establishes terms for authorized brand usage, including trademark protection and compliance with federal and provincial regulations.

find out more

Simple Trademark License Agreement

A Canadian-law governed agreement allowing controlled use of trademarks by a licensee under specified terms and conditions.

find out more

Exclusive Trademark License Agreement

A Canadian-law governed agreement granting exclusive rights to use specified trademarks, including terms for usage, quality control, and royalties.

find out more

Trademark Use Agreement

A Canadian-law governed agreement establishing terms for trademark licensing between owner and user, including usage rights, quality control, and commercial terms.

find out more

Registered User Agreement Trademark

A Canadian legal agreement authorizing and governing the use of a trademark by a registered user, compliant with federal trademark legislation.

find out more

Co Branding License Agreement

A Canadian-law governed agreement establishing terms for two or more parties to combine their brands and intellectual property for mutual benefit.

find out more

Trade Name License Agreement

A Canadian law-compliant agreement allowing one party to legally use another party's trade name under specified terms and conditions.

find out more

Non Exclusive Trademark License Agreement

A Canadian-law governed agreement allowing non-exclusive use of trademarks by a licensee while maintaining the licensor's rights to license to others.

find out more

Intercompany Trademark License Agreement

A Canadian-law governed agreement for licensing trademark rights between related companies within the same corporate group.

find out more

Joint Trademark Ownership Agreement

A Canadian law agreement establishing joint ownership rights and responsibilities for shared trademarks between multiple parties.

find out more

Trademark Sale Agreement

A legally binding agreement under Canadian law that transfers ownership of trademark(s) from a seller to a purchaser, including all terms and conditions of the sale.

find out more

Trademark Sublicense Agreement

A Canadian-law governed agreement allowing a trademark licensee to grant trademark usage rights to third parties, subject to master license terms and quality control requirements.

find out more

Trademark Purchase Agreement

A legally binding agreement under Canadian law for the sale and transfer of trademark ownership rights between parties.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.