Trademark License Agreement Between Parent And Subsidiary

And while beyond the scope of this article, ownership of a single entity will also tend to avoid some related issues, such as for example. B blocking the application for registration of a subsidiary by the registration of another subsidiary in a country whose trademark office is not as permissive as the USPTO when it comes to showing “unity of control”, to overcome such refusals. Similarly: in order for a trademark owner to prevent the deletion of a trademark or assert his rights, there must be an oral or written license agreement between the trademark owner and the user of the trademark. Joint ownership of the enterprise alone is not sufficient. However, while there is evidence of a licensing agreement that a subsidiary has the right to use a trademark in Canada, federal courts, such as the Trademark Opposition Board in Sobeys Capital Inc. vs. Edrnred, a limited company, 2012 TMOB 86, have consistently found that “the organizational structure itself.” does not permit the infer that the proprietor of the trade mark checks the character or quality of the goods and services used in respect of such a licence`. In fact, the main purpose of a brand is to identify the source. If the alleged proprietor does not use the mark itself and does not control the nature and quality of the goods/services offered by its related companies under the mark, the mark does not in fact identify the “owner” as the source of goods and services. . . .