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ARTICLE · 01 DECEMBER 2009

Countdown To The Olympics — Proper Use Of Olympic Marks

McCarthy Tétrault
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Companies thinking of leveraging the 2010 Winter Olympics in their marketing and advertising campaigns should be aware of the complex legislative regulation surrounding use of marks relating to the Olympic Games and the Paralympic Games.

CanadaIntellectual Property

Companies thinking of leveraging the 2010 Winter Olympics in their marketing and advertising campaigns should be aware of the complex legislative regulation surrounding use of marks relating to the Olympic Games and the Paralympic Games (Olympic Marks).

The Canadian Trade-marks Act (TMA) affords registered Olympic Marks the same protection as other trade-marks registered under the TMA. However, the majority of Olympic Marks are protected as official marks, which have the advantages of not being subject to substantive examination by the Trade-marks Office and not being restricted by wares and services. The TMA also prevents anyone from adopting a mark that so nearly resembles the official mark it is likely to be mistaken for one. Examples of Olympic Marks that are official marks are WHISTLER 2010, ROAD TO VANCOUVER, and 2010 GAMES.

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