Trade Name License Agreement Template for Canada

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Key Requirements PROMPT example:

Trade Name License Agreement

"I need a Trade Name License Agreement for my Vancouver-based artisanal coffee roasting company to license our trade name to three franchisees across British Columbia, with quality control requirements for coffee sourcing and roasting standards."

Document background
The Trade Name License Agreement is essential for businesses seeking to grant or obtain rights to use established trade names in the Canadian market. This document is typically used when a business wants to expand its presence through licensing arrangements, enter franchise relationships, or allow controlled use of its trade name by third parties. The agreement must comply with Canadian federal legislation, including the Trademarks Act and Competition Act, as well as applicable provincial laws. It includes comprehensive provisions covering license grant, usage parameters, quality control measures, fee structures, and termination conditions. The document is particularly important for protecting the licensor's intellectual property rights while providing the licensee with clear guidelines for legitimate trade name usage.
Suggested Sections

1. Parties: Identifies and provides full legal details of the licensor and licensee

2. Background: Establishes the context, including licensor's ownership of the trade name and licensee's desire to use it

3. Definitions: Defines key terms used throughout the agreement including 'Trade Name', 'Territory', 'Term', and 'Licensed Use'

4. Grant of License: Specifies the exact rights being granted, including scope, territory, and any restrictions

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

6. License Fees and Payment Terms: Details the financial arrangements, including initial fees, royalties, and payment schedules

7. Quality Control: Establishes standards for trade name usage and licensor's right to monitor and approve use

8. Protection of Trade Name: Outlines measures to protect the trade name and handle potential infringement

9. Representations and Warranties: States the parties' assurances regarding ownership, authority to contract, and non-infringement

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

11. Confidentiality: Protects confidential information exchanged during the agreement

12. General Provisions: Includes standard clauses like governing law, notices, and amendment procedures

Optional Sections

1. Sublicensing Rights: Include when licensee may need to sublicense the trade name to affiliates or third parties

2. International Usage: Add when the trade name will be used in multiple jurisdictions

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

4. Insurance Requirements: Add when specific insurance coverage is required for trade name usage

5. Dispute Resolution: Include detailed arbitration or mediation procedures when preferred over litigation

6. Change of Control: Add when restrictions on assignment in case of ownership changes are needed

7. Compliance with Laws: Include specific regulatory compliance requirements for regulated industries

Suggested Schedules

1. Schedule A - Trade Name Specifications: Detailed description and visual representation of the trade name

2. Schedule B - Approved Usage Guidelines: Specific rules and standards for trade name display and usage

3. Schedule C - Territory Definition: Detailed description of geographic areas where usage is permitted

4. Schedule D - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

5. Schedule E - Quality Control Standards: Specific quality control requirements and inspection procedures

6. Appendix 1 - Approved Products/Services: List of products or services approved for trade name usage

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

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Franchising

Manufacturing

Professional Services

Hospitality

Consumer Goods

Technology

Healthcare

Education

Financial Services

Entertainment

Food and Beverage

Relevant Teams

Legal

Intellectual Property

Business Development

Compliance

Brand Management

Commercial Operations

Corporate Affairs

Licensing Operations

Risk Management

Marketing

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Business Development Manager

Franchise Manager

Brand Manager

Commercial Director

Licensing Manager

Corporate Lawyer

Compliance Officer

Chief Legal Officer

Chief Executive Officer

Intellectual Property Director

Contract Administrator

Brand Protection Manager

Business Operations Manager

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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