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Industry committee The trademarks office is aware of that and we're not concerned. There are already bad faith provisions in the Trade-marks Act that prevent businesses from filing and obtaining trademark rights on that basis. Why would a business do that? Who would be in the business of filing tra
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee A certification mark is used as a designation of a particular standard, such as that of the Canadian Standards Association. It has to do with making products to a certain standard.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee It's generally around functionality, so if a product...you're entitled to trademark protection but not to the extent that it is something that all businesses in that industry would be able to use and market.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Lego blocks. Lego tried, and there's a Supreme Court case on that. The functionality of the knobs on the Lego blocks were claimed as a trademark. It was held that those were functional in nature and therefore, Lego couldn't obtain trademark protection on those knobs.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee If you have a trademark, but part of that trademark claim relates to a functional element within that trademark, you would not be able to claim trademark rights over that functional element.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee The shape of the bottle would be the trademark, but how you hold it would be the functional element.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee A shape of a bottle can be a trademark.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee In particular, Coke has trademarked their bottle.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Yes, if it served a purpose that other businesses would also like to avail themselves of, so that you're not giving proprietary interest in a functional element.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Yes, we could endeavour to get that to you, but—
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Nor am I.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee No. I'm not aware of anything.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Yes, and I find that surprising, because the United States does not require use of all of its trademark applicants. The United States has adopted a dual system, whereby those foreigners filing in the United States are not required to provide a declaration of use, but domestic fil
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee Those issues were addressed in the new agreement in 1989, and the United States and Japan are both signatories.
May 5th, 2014Committee meeting
Darlene Carreau
Industry committee There were issues, and the U.S. led some of the negotiations to have the agreement changed to allow for that.
May 5th, 2014Committee meeting
Darlene Carreau