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27 Ιουλ 2011 · After the hyphen separating "trade" and "mark," the "official mark" arguably represents the most arcane feature of Canadian trademark law. While continued use of a pre-existing trademark is exempt, official marks can seriously curtail the ability of a trademark owner to expand its use of a trademark, or register a trademark...
27 Αυγ 2024 · Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems.
30 Αυγ 2024 · Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection.
You may not register a trademark that is identical or similar to certain official marks unless you have the permission from the organization that controls the mark. These official marks include: official government designs (e.g., the Canadian flag)
This includes any mark protected under sub-paragraphs 9 (1) (e) of the Trademarks Act - the arms, crest or flag adopted and used at any time by Canada or by any province or municipal corporation in Canada. Examples: the Canada Coat of Arms; the Canadian flag; the flags for provinces and territories.
19 Φεβ 2024 · There are several hundred marks in the Register belonging to public authorities, including the federal and provincial governments, government agencies and municipalities. Unlike traditional trademarks, official marks do not protect specific goods or services, but instead cover all classes of goods and services.
17 Οκτ 2024 · Official marks in Canada: how best to navigate a unique, but flawed, system. Smart & Biggar principals outline the options available to brand owners looking to overcome, if not avoid, official mark citations before proposals to address issues with the system come into force.
