Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
 
Canada
A licence agreement may be written or unwritten. In both cases, however, the licensor must retain some control over quality: the owner must have, under the licence, direct or indirect control over the character or quality of the goods or services.

Where a written licence agreement expressly provides the licensor with rights of inspection and control over quality, courts will typically presume that the licence is valid without evidence of the licensor exercising such rights, unless there is clear evidence to the contrary. If the licence is unwritten, courts are more likely to require evidence of inspections and/or actual control.

Providing public notice of a licence to consumers is purely voluntary. However, if the user provides public notice that the mark is licensed and gives the identity of the mark’s owner, a rebuttable presumption arises that the owner controls the character or quality of the goods and services.

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP
9.2
Must trademark licences be recorded with the trademark office or other governing body?
 
Canada
It is possible to record a licence for a registered mark, but it is not necessary to do so.

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
 
Canada
Yes. A licensor may lose its rights in a trademark by failing to maintain control over the character or quality of the licensee’s goods and services.

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP