Poppy Manual

CANADIAN INTELLECTUAL PROPERTY OFFICE
713. All trademarks are registered with the Canadian Intellectual
Property Office (CIPO). According to their website
(CIPO, 2004) this office is a Special Operating Agency
associated with Industry Canada and is responsible for
the administration and processing of the greater part of
intellectual property in Canada.
WHAT IS A TRADEMARK?
714. A trademark is a word, a symbol, a design (or a combination
of these features), used to distinguish the wares or services
of one person or organization from those of others in the
marketplace. Trademarks come to represent not only actual
wares and services, but the reputation of the producer. As
such, they are considered valuable intellectual property.
A registered trademark can be protected through legal
proceedings from misuse and imitation (CIPO, 2004).
REGISTERED VERSUS UNREGISTERED TRADEMARKS
715. As defined on the CIPO website (CIPO, 2004) a registered
trademark is one that is entered on the Trademarks
Register. An organization is not required to register their
trademark because using a mark for a certain length of
time can establish ownership through Common Law.
Registration, however, is prima facie evidence of this
ownership. In a dispute, the registered owner does not have
to prove ownership; the onus is on the challenger. Use of an
unregistered trademark can lead to a lengthy, expensive legal
dispute over who has the right to use it. The Legion’s Poppy
symbol is a “registered trademark”.
TRADEMARK NOTICE
716. According to CIPO, Canada has no specific legal requirement
for a trademark notice, however, use of the symbols ® or
TM beside the trademark is encouraged, such as on labels or
packaging or in advertising or promotional materials. (CIPO
Notes on Maintaining a Canadian Trademark Registration,
26 Oct 2005).
CONSISTENT USE
717. It is important that the trademark always appear in the form
in which it has been registered without significant variation.
(CIPO Notes on Maintaining a Canadian Trademark
Registration, 26 Oct 2005).
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THE ROYAL CANADIAN LEGION