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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 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