Category: Intellectual Property
Many people confuse trade names and trade-marks and think they acquire trade-mark rights by virtue of having a trade name.
There are lots of questions about the new Canadian anti-spam legislation (commonly referred to as “CASL”) which comes into force on July 1, 2014 and there is lots of information online and elsewhere about what it will mean for marketing and email communications, however, there is not a lot of information about what this means for employers trying to communicate with their employees. CASL prohibits organizations from sending emails and other forms of electronic messages (ie.
On July 1, 2014, most sections of Canada’s new anti-spam legislation (“CASL”) will come into effect. Among other things, there are important new requirements for continuing to use e-mail and other electronic messages for “commercial” purposes. In most cases, businesses and other persons disseminating such “commercial electronic messages” will need the consent of the recipient.
A question I often get asked is "Should I be using the ™ symbol or the ® symbol beside my trade-mark?" Believe it or not, there are no "marking" requirements for trade-marks under the Canadian Trade-marks Act, however, proper marking is an extremely important method of notifying consumers that a certain word or symbol is a protected trade-mark and goes a long way to preventing third party infringement as you are effectively putting third parties 'on notice' that the trade-mark belongs to you. Many trade-mark owners use symbols purely as a deterrent.
Businesses will often create marketing material for their products/services, either in print or short video segments. A very common question I get from clients is “Can I use another person’s image in my video/marketing material without their consent?” In sum, the answer is no, it is not recommended that you use another person’s image without their consent, whether or not that person is famous.
This issue is governed by both privacy legislation and the common law in Canada.
The World's 10 Most Valuable Brands (2012)
Many people confuse trade names and trade-marks and think they acquire trade-mark rights by virtue of having a trade name.
Protecting your intellectual property is extremely important. For businesses, think of it as protecting the brand and image that is conveyed to the public. You want what they see to be within your control. Copyright registration gives you this control.
Copyright applies to all original literary, dramatic, musical and artistic works. This includes books, music, sculptures, paintings, photographs, films, plays, television programs, radio programs, and computer programs.
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