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| Path: Main Street : Resources & Library : Research Articles : Feature Article |
Trademarks and the voluntary sector in Canada: The 5 Ws
by Kristin Duare McKinnon
As the voluntary sector strives to develop fresh and innovative strategies in fundraising, marketing and production, the issue of intellectual property protection is growing. We develop logos, themes and slogans to represent our organization and to raise our profile in an environment that is increasingly competitive for dollars. We rely on symbols to convey an important message about who we are, what we do, and why we are worthy of support. An important way to protect our symbols -- and the identities that they represent -- is by applying for a trademark.
The 5 W's Of Trademarks:
Who:
According to Industry Canada guidelines, any company, individual, partnership, trade union or lawful association may apply for a trademark, as long as legislated requirements are met.
What:
Industry Canada defines a trademark as a "word, a symbol, a design or a combination of these, used to distinguish the wares or services of one person or organization from those of others in the marketplace. " Examples of trademarks in the non-profit world could include the "Marathon of Hope," the World Wildlife Federation's panda bear, or the WarAmps "Never Again!" slogan with its rifle and helmet logo. Trademarks can represent programs, products, services or campaigns - such as annual fundraisers.
Where:
The Trademarks Office is the federal agency in Canada that registers trademarks. It is part of a larger organization called the Canadian Intellectual Property Office (CIPO) which, in turn, is part of Industry Canada. To learn more about registering for a trademark, the best first step is to contact a trademark agent for more information at:Trademarks Office
CIPO
Place du Portage I - 50 Victoria Street
Hull, Quebec
Canada K1A 0C9
Phone: (819) 997-1936Detailed information about trademarks, including current trademarks, guidebooks, FAQs, and on-line searches and registration, can be found on the CIPO website:
http://strategis.ic.gc.ca/sc_mrksv/cipo/tm/tm_main-e.htmlYou should also consult with a lawyer about what a trademark would, and would not, protect for your organization.
When:
You can apply for a trademark at any time. The entire process of applying and registering for a trademark can take a year, or more, to complete. Trademarks last for fifteen (15) years and can be renewed.There is an $150 non-refundable application fee for each trademark. If your application is successful, you must then pay an additional $200 for a certificate of registration. There are also costs for renewals, amendments, or transfers of trademarks.
Why:
Trademarks help protect your organization's identity. Registering a trademark gives you the exclusive right to its use across Canada. Your trademark can also be a valuable asset in license franchising.The Trademark Offices do not monitor or enforce the use of trademarks. It would be your responsibility to initiate professional or legal action if someone uses your symbol. However, to your benefit, a registered trademark is considered legal evidence of ownership.
Registering a trademark can also be preventive. If you own a trademark, there is less risk that another organization will claim ownership and challenge your right to use the mark.
SOURCE: Industry Canada (1998). The Canadian Intellectual Property Office Guide to Trademarks, http://strategis.ic.gc.ca/sc_mrksv/cipo/tm/tm_main-e.html.
Kristin Duare McKinnon has diverse front-line and administrative experience in nonprofit organizations providing health, social, and community services. She now has her own business, KDM, which offers program support to the non-profit sector. Kristin's special interests include leadership and service excellence, program development and evaluation, volunteer management, and working with seniors and people with disabilities. She can be reached at KDM, P.O. Box 429, Pontypool, ON; Phone (705) 277-3262; Fax (705) 277-2921.
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