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, cop ...

which exists in

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

under section 9 of the

Trade-marks Act Canadian trademark law provides protection to marks by statute under the ''Trademarks Act'' and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against tho ...

, which allows for the protection of names and designs used by Canadian public authorities (including governments and government agencies, Crown corporations, and certain

nonprofit organization A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

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

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...

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 to be published in the ''

Trademarks Journal A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

'' 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