ARTICLE · 10 JANUARY 2020

Official Marks – What Are They And How Are They Obtained?

Goldman Sloan Nash & Haber LLP

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Last month we discussed prohibited marks. One type of prohibited mark is called an "official mark". These marks can be a problem for brand owners because of their nature.

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Official Marks

Last month we discussed prohibited marks. One type of prohibited mark is called an "official mark". These marks can be a problem for brand owners because of their nature.

What are They?

The term "official mark" refers to a mark adopted and used by a public authority for goods or services, in Canada, and for which public notice has been given under the Trademarks Act. There are a large number of these marks and many of them are of a commercial nature.

How are they Obtained?

A request for an official mark may only be filed by a "public authority." Case law has established that for an entity to be a "public authority" there must be a significant degree of public control in Canada and it must not exist for private profit. Public control must enable the government, directly or indirectly though its nominees, to exercise a degree of ongoing influence in the entity's governance and decision-making.

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