An official mark (sometimes denoted by the symbols ^OM, ^M, or Ⓜ) is a form of

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

which exists in

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

under section 9 of the Trade-marks Act, which allows for the protection of names and designs used by Canadian public authorities (including governments and government agencies,

Crown corporation Crown corporation () is the term used in Canada for organizations that are structured like private companies, but are directly and wholly owned by the government. Crown corporations have a long-standing presence in the country, and have a sign ...

s, and certain

nonprofit organization A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...

s) for goods or services. Official marks are not themselves

trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...

s, but are a subtype of another category of marks defined in the Trade-marks Act known as "prohibited marks". The Act states that no one can use, in connection with a business, any trademark identical or confusingly similar to a prohibited mark without the permission of the relevant organization. Like trademarks, official marks (and other prohibited marks) are filed with the

Canadian Intellectual Property Office The Canadian Intellectual Property Office (CIPO; French: ''Office de la propriété intellectuelle du Canada, OPIC'') is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas ...

to be published in the ''

Trademarks Journal A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from oth ...

'' and are searchable through the Canadian Trade-marks Database. Unlike Canadian trademarks, official marks do not have to be associated with specific categories of goods or services, and they may only be invalidated on the basis that the holder was not actually a Canadian public authority, or was not publicly using the mark at the time of public notice via the ''

''.

References

{{reflist

External links

Trade-marks Act
R.S.C., 1985, c. T-13, s. 9 Canadian trademark law Canadian intellectual property law