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Trademark Question

Rocky

TRIBE Member
Is it legal, in Canada, to use registered trademarks on merchandise without a licence?

For example, can I use a Toronto Maple Leafs logo on a t-shirt and sell it (legally)?
 

Rocky

TRIBE Member
That's what I thought. My sister-in-law is doing something like this, and I raised this concern. But, since I don't know Canadian trademark laws, I wasn't too sure. I tried reading the Wiki page on Canadian Trademark Law, but I just can't stand to read legal mumbo-jumbo for longer than two sentences.

Are there any good, readable, references for this?
 
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Jeffsus

TRIBE Member
The answer is a very quick "NO".

But if you sell Fluke multimeter knock offs, well your mileage may vary.

-jM
A&D
 

I_bRAD

TRIBE Member
Pardon me, but do you have any grey poupon?

Where's the beef?

Got Milk?

Is it in you?

Why buy a mattress anywhere else?
 

kuba

TRIBE Member
If the wiki page isn't very readable I'm sure there's a trademark laws for dummies book, or the idiots guide. something along those lines.

she better be making a wackload of cash to make this worth it though.
 

awwnaw

TRIBE Member
I'm confused by the question. Rather than asking for a use case, the question sounds like it should be 'what is a trademark'. The sole function of a trademark is ownership of a symbol or phrase so shit CANNOT be represented by any old bozo any old way they want. (Not just claim over hatching it) Unless you've been granted a licence /written permission to do so.

I have no legal background, but in my experience (I work in advertising) absolutely no way can you reproduce anything trademarked or slap it on anything without a contractual agreement that specifies its use. And contract often still specifies final approvals over its representation to ensure accuracy.
 
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Rocky

TRIBE Member
I'm confused by the question. Rather than asking for a use case, the question sounds like it should be 'what is a trademark'. The sole function of a trademark is ownership of a symbol or phrase so shit CANNOT be represented by any old bozo any old way they want. (Not just claim over hatching it) Unless you've been granted a licence /written permission to do so.

I have no legal background, but in my experience (I work in advertising) absolutely no way can you reproduce anything trademarked or slap it on anything without a contractual agreement that specifies its use. And contract often still specifies final approvals over its representation to ensure accuracy.
This is exactly what I thought. I cautioned my sister-in-law about it and told her that she might want to look into it. I got shit from one her friends for mentioning it, saying that it was an unnecessary concern because she (her friend) had "looked into it". My sister-in-law's reasoning was: "why else would they sell logos at stores if I can't put them on clothing?" I gently suggested that putting it on clothing that is for sale is different.

Anyway, the trademark law is here: CanLII - Trade-marks Act, RSC 1985, c T-13
 

Rocky

TRIBE Member
If the wiki page isn't very readable I'm sure there's a trademark laws for dummies book, or the idiots guide. something along those lines.

she better be making a wackload of cash to make this worth it though.
Reading legal jargon takes a lot more effort than I am willing to put in. Something in plain English, like Trademark Laws for Dummies would be good. I think that shit is written as it is in order to confuse, or to make it so that people who slog through it feel smart, and to enable them to charge a lot more money than they are worth. There's an Einstein quote in here somewhere, I think: "If you can't explain it simply, you don't understand it well enough."
 
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