COMM 320 Lecture Notes - Lecture 20: Certification Mark, Digital Rights Management, World Intellectual Property Organization
7 Dec 2018
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Document Summary
Identifiable feature that is used by a person for the purpose of distinguishing it"s goods and services from those of others. Certification mark: used to identify goods/services that conform to a particular standard. A trademark can be part of a business name, but the entire name is not in itself a trademark. Protection of trademarks: common law: the tort of passing-off misrepresenting of goods/ services/business in such a way as to deceive the public into believing that they are from someone else. Section 7 prohibits: making false/misleading statement tending to discredit competitor, directing attention in such a way to create confusion. Registered trademarks: gives owner exclusive right throughout canada in respect to goods/ services for which it was registered, may also be registered internationally. Valid for a period of 15 years and may be renewed indefinitely. Registration creates presumption of ownership: advertising of a trademark doesn"t suffice to constitute use goods/ services must have been sold or services performed.
