Request for Permission to Use the IYENGAR Trademark in Canada

 

The name IYENGAR is protected in Canada as Registered Trademark No. TMA884469 owned by Iyengar Yoga Association of Canada/ Association canadienne de yoga Iyengar (“IYAC”).

As such, IYAC has the exclusive right to use, or to grant permission to others to use, the IYENGAR name in association with yoga instruction, development of yoga educational materials, promoting the interests of yoga instructors, and distribution of publications.

Previously, IYAC allowed Canadian yoga studio owners to use the IYENGAR name if approved by RIMYI in India.  Beginning in 2022, IYAC now assumes the role of granting permission for use of the IYENGAR trademark to Canadian yoga studio owners who meet standards established by IYAC.

To request permission to use the IYENGAR trademark in Canada, please complete and sign the online license agreement form below.  Your submission will be reviewed by IYAC.  If you meet the requirements as set out in the form, IYAC will grant you permission to use the IYENGAR name and will send you a signed Trademark License Agreement.

 

IYENGAR Trademark License Agreement

THIS TRADEMARK LICENSE AGREEMENT (“Agreement”) is dated effective  (date of application) (“Effective Date”).

BETWEEN      Iyengar Yoga Association of Canada, c/o 305 - 990 Beach Avenue, Vancouver, BC, V67 2N9 (“IYAC”);

AND               (studio owner name)

                        (home address)

                       

                        (personal email)

                        (personal phone)

(“Licensee”).

 

A. IYAC is the owner of Canadian Registered Trademark No. TMA884469 for IYENGAR (“IYENGAR Trademark”);

B. Licensee operates a yoga studio under the name 

  (business name)

Located at

(business address)

(business phone)   

(website)

C. IYAC and Licensee wish to enter into this Agreement to set out terms under which the Licensee shall be permitted to use the IYENGAR Trademark in Canada;

 

 

In consideration of the mutual promises herein, IYAC and Licensee agree as follows:

 

1.                   ELIGIBILITY FOR LICENSE

By signing and submitting this form, Licensee confirms and agrees that:

  1. they are a Certified Iyengar Yoga Teacher (CIYT) at Level 2 or above and are in good standing;
  2. only Iyengar Yoga Teachers in good standing in IYAC/ACYI, or apprentices in the process of becoming a CIYT under the supervision of a CIYT in good standing are permitted to teach at their facility;
  3. only Iyengar Yoga can be taught at the premises or sponsored by the business;
  4. the location of the business is a reasonable minimum distance from any other existing Iyengar Yoga facility;
  5. they will stop use of the IYENGAR Trademark if any of the above conditions change; and
  6. they will contact IYAC Membership Chair at membership@iyengaryogacanada.com if the studio owner changes, the business closes, or the studio changes name or location, in order to permit a new License Agreement to be arranged.

 

2.                   GRANT OF LICENSE

Subject to the terms of this Agreement, IYAC hereby grants to Licensee a non-exclusive license to use the IYENGAR Trademark in Canada in association with Licensee’s yoga studio activities.

 

3.                   TERM AND TERMINATION

3.1               Term

The term of this license is effective on the Effective Date and will continue for a period of 1 year, at which time it will be renewed automatically for successive further periods of 1 year unless written notice is provided by IYAC or Licensee to the other party prior to expiration of the then current term; or until this Agreement is terminated in accordance with its provisions.

3.2               Termination

IYAC will have the right to immediately terminate this Agreement by notice in writing to Licensee in the event that Licensee breaches any provision of this Agreement.  Upon termination, Licensee will immediately stop all use of the IYENGAR Trademark and destroy all materials in their possession containing the IYENGAR Trademark.

3.3               Quality and Standards

Any use by Licensee of the Trademarks hereunder will be subject to Licensor’s prior written approval and consent.  Licensee’s use of the Trademarks will be of a quality and standard commensurate with Licensee’s use of its own trademarks or own service marks and consistent with the highest industry standards.  If any use of the Trademarks fails to satisfy such quality standards, Licensor may terminate Licensee’s right and license to use the Trademarks hereunder.  Licensee will:

(a)                use the Trademarks in compliance with all relevant laws within the Territory;

(b)                use the Trademarks in compliance with all reasonable policies and procedures established by Licensor and notified to Licensee from time to time;

(c)                not, without the prior written consent of Licensor, modify any of the Trademarks nor use any of the Trademarks in connection with any goods or services other than the Products; and

(d)                not use any trademarks or trade names so resembling any trademark or trade name of Licensor as to be likely to cause confusion or deception.

 

4.                   PROTECTION OF THE IYENGAR TRADEMARK

4.1               Ownership

Licensee acknowledges that IYAC is the owner of the IYENGAR Trademark, and Licensee will not challenge any right of IYAC to the IYENGAR Trademark. 

4.2               Quality

Licensee agrees not to modify the IYENGAR Trademark, nor to use the IYENGAR Trademark in association with goods or services other than yoga instructions, educational material development, and publications.

 

5.                   MISCELLANEOUS

5.1               Applicable law

This Agreement shall be interpreted in accordance with, and all questions concerning the validity, interpretation, performance or breach of this Agreement shall be governed by the laws in force in the Province of British Columbia, Canada. 

5.2               Amendments

Amendments to this Agreement may be made only by mutual agreement of the parties in writing.

5.3               Notices

All notices given under this Agreement shall be in writing and shall be deemed to have been sufficiently given only when delivered personally, delivered by certified mail, postage prepaid, to the addressee at their address indicated above, or at such address as may be subsequently changed by notice duly given.

 

 

By signing below, Licensee agrees to the provisions of this Agreement and requests permission to use the IYENGAR Trademark in accordance with this Agreement.

By signing below, IYAC accepts the request for permission to use the IYENGAR Trademark, and grants a license to Licensee.

 

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Signature Certificate
Document name: Request Iyengar Name for Business
lock iconUnique Document ID: a754d2545037ad68144d1547ea6f47da65bafba5
Timestamp Audit
June 15, 2022 2:59 pm MSTRequest Iyengar Name for Business Uploaded by Inga Norkute - info@iyengaryogacanada.com IP 70.73.102.108
September 12, 2022 5:53 pm MSTMartina Walsh - membership@iyengaryogacanada.com added by Inga Norkute - info@iyengaryogacanada.com as a CC'd Recipient Ip: 70.73.102.108
September 12, 2022 10:08 pm MSTMartina Walsh - membership@iyengaryogacanada.com added by Inga Norkute - info@iyengaryogacanada.com as a CC'd Recipient Ip: 70.73.102.108
September 20, 2022 1:11 pm MSTMartina Walsh - membership@iyengaryogacanada.com added by Inga Norkute - info@iyengaryogacanada.com as a CC'd Recipient Ip: 70.73.102.108