one. No, licences should not be registered in the Canadian Trademark Registry; However, the Trademark Office registers a license or termination in the file and registers the license on demand in the brand database. When parties to a licensing agreement decide to register the licensing agreement with the Trademark Office, it is sufficient to inform third parties; Indeed, the offices of the brand do not comment on the effects of these license registrations. CIPO will register licensing agreements in the trademark register at the request of the registered owner. one. The only condition is that the trademark holder has direct or indirect control over the character or quality of goods or services granted in connection with the mark. However, this is an important condition. A licensing agreement may be oral or written; However, we still recommend that a written agreement be executed to demonstrate the existence of the licence and to describe how the owner retains control over the character and quality of licensed goods and services. The courts have yet to determine whether evidence of effective control is necessary when the parties have exported a licence with conditions allowing the owner to exercise control. one.

An application must include the applicant`s name and address and an applicant must be a ”person.” Section 2.1 of the Trademark Act states that a ”person” may include two or more persons who, by mutual agreement, are not allowed to use the trademark in Canada, except on behalf of both or all. An application for a trademark may therefore be co-owned by two or more parties, provided that the parties comply with Section 2.1 of the Act. Ultimately, the onus is on the applicant to comply, as the clerk generally does not require confirmation that the applicant is a ”person.” Trademark applications can also be filed on behalf of a partnership, association, joint venture or company. The Madrid Protocol is essentially a treaty that provides for the international registration of the trademark. It allows you to submit a single application by selecting the member countries you are interested in.