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    Equalmc2
    New

    My Trademark is in use how do I locate the user ?

    Does anyone know how to locate the user of a TM this TM/Copyright belongs to me in Canada, I want it's use to be suspended. Should I use the Canadian registry or is TM use specific to a country as can be Copyright of a phrase etc...used in part?

    1 ACCEPTED SOLUTION
    Nate
    Super User II

    The purpose of a trademark is to identify the source of goods, so the protection is to reduce confusion in this regard.  It would be possible for multiple entities to use similar trademarks if there isn't overlap in their markets.  But if they were likely to be confused for one another that would be a violation.

     

    Copyright works differently as it's protections for the creator of their art and other creative work (bodies of text, images, music, etc.).  So the content of a website can be protected by copyright, but that woudn't cover names/slogans (trademark) or concepts/ideas (patent).  As IP law is quite complicated you may want to consult a lawyer who specializes in this field to review your specific situation.

    1 REPLY 1
    Nate
    Super User II

    The purpose of a trademark is to identify the source of goods, so the protection is to reduce confusion in this regard.  It would be possible for multiple entities to use similar trademarks if there isn't overlap in their markets.  But if they were likely to be confused for one another that would be a violation.

     

    Copyright works differently as it's protections for the creator of their art and other creative work (bodies of text, images, music, etc.).  So the content of a website can be protected by copyright, but that woudn't cover names/slogans (trademark) or concepts/ideas (patent).  As IP law is quite complicated you may want to consult a lawyer who specializes in this field to review your specific situation.