Counsel, Marketing & Trademarks

Purpose: A key contributor protecting the brands of a restaurant system that generates over $43 billion in global system-wide sales and the guardian of the Tim Hortons brand that generates nearly $1 billion in annual profit (43% of RBI’s operating income). Manage the end-to-end legal review for marketing of Tim Hortons, Burger King, Popeyes and Firehouse brands in Canada and Tim Hortons trademarks globally while providing advice to clients on complex issues. Drafts, reviews, and negotiates all marketing, trademark, IP, and communication documents to ensure legal soundness.

Essential Responsibilities:

Legal Marketing Advice

• Legal advice regarding brand promotion and protection for the Tim Hortons, Burger King, Popeyes and Firehouse businesses in Canada.
• Advising on a variety of aspects of the quick service restaurant business including food, beverage and merchandise marketing, consumer packaged goods, financial services, ecommerce, product innovation, sustainability and media and government relations.
• Responsibilities will include: advertising reviews and disputes; agency, media buying and advertising services agreements; co-promotion and celebrity endorsement agreements; consumer protection laws; contests and promotions; digital media, including apps, and social media; environmental claims; food and beverage packaging and labelling; price, sale and discount claims; sponsorship and events; talent agreements; food and beverage claim substantiation; loyalty programs; responding to Ad Standards complaints; CASL matters.
• Refining legal procedures as it relates to designing, drafting, reviewing, and approving marketing & promotional materials.
• Develops and delivers training, including developing materials, resources and presentations on relevant topics and legal know-how for the marketing and trademarks group.
• Manages litigation by leading and overseeing external counsel as it relates to marketing & promotions
• Keeps abreast of pending legislation or regulatory rules impacting the business and provides recommendations to update internal procedures as necessary

Legal Trademark Advice

• Refines legal procedures as it relates to monitoring, reviewing, and managing global trademark & IP compliance in alignment with best practices.
• Advises clients, manages, and oversees complex legal and business issues related to the global trademark and IP portfolios for Tim Hortons, including supporting with compliance and reviews for trademark clearance, use, prosecution, maintenance, and enforcement.
• Oversees external counsel to manage complex trademark clearances, knock-out and full searches for Canada and other jurisdictions globally, provide clearance opinions to client groups, etc.
• Oversees external counsel to manage filing and prosecuting trademark applications/ renewals, responding to office actions, preparing amendments and other substantive submissions to trademark offices globally, RBI’s patents, managing copyrights and domain name portfolios
• Enforces RBI’s trademark rights globally by identifying and taking action against unauthorized 3rd party users
• Manages litigation by leading and overseeing external counsel as it relates to trademarks & IP
• Keeps abreast of pending legislation or regulatory rules impacting the business and provides recommendations to update internal procedures as necessary

Document Preparation

• Drafts terms for complex promotional offers and conducts reviews of advertising/ promotional materials, including legal agreements, notices, letters, terms and conditions, contest rules and other correspondence, to ensure compliance with relevant legislations, RBI’s legal advertising guidelines, policies and substantiation requirements
• Approves final marketing agreements (e.g., sponsorships, joint promotions) and marketing materials, including rules for contests and sweepstakes, to ensure proper usage of trademarks and other IP, determine IP clearance needs, clearance of marketing and promotional assets
• Oversees and approves all media advertising and promotional materials for legal compliance, including television, radio, print, direct mail, online, mobile apps and social media
• Negotiates various marketing, public relations and promotions-related agreements, including advertising agency agreements, trademark licenses, promotion and sponsorship agreements, media buying agreements, professional services agreements and vendor agreements

General Legal Support

• Responds to escalated consumer complaints and/or attorney general complaints
• Drafts responses to office actions, prepares amendments to documents, and prepares other substantive submissions for trademark offices globally.
• Prepares internal and external correspondence communications for highly confidential and sensitive matters
• Develops the exception processes and situations with appropriate external counsel/experts

People Leadership Responsibilities:

• Manages a team of law clerks and lawyers
• Directly supervises staff 
• Ensures appropriate number of staff, and mix of skills and abilities to effectively meet business demands
• Monitors performance levels, including performance improvement plans and disciplinary action 

Minimum Education and Experience:

• Juris Doctor of Law degree or LL.B. required
• 8+ years of experience in marketing/ IP/ corporate law is preferred
• Licensed to practice law in Ontario or another Canadian province or territory

Working Conditions:

• Works in a typical office environment
• Job requires extended amounts of screen time and prolonged periods sitting at a desk

Restaurant Brands International and all of its affiliated companies (collectively, RBI) are equal opportunity and affirmative action employers that do not discriminate on the basis of race, national origin, religion, age, color, sex, sexual orientation, gender identity, disability, or veteran status, or any other characteristic protected by local, state, provincial or federal laws, rules, or regulations. RBI's policy applies to all terms and conditions of employment. Accommodation is available for applicants with disabilities upon request.