Part A:

You have started up a new business, and have been wondering whether it might be a good idea to have a trademark. Your friend, who is studying Business Law at the same institution as yours. George Brown College has told you that trademarks distinguish and protect a commercial identity or brand used to identify a product or service to consumers. They also tell you that if you apply to register a trademark, which could either be your business name and/or a logo, you would have the exclusive right to use the trademark and exclude others from using the mark or a comparable mark in a way that might be likely to cause confusion in the marketplace. Therefore, you decide that you are going to make an application to register a trademark for your business. Please answer the following questions.

Each answer should be in sentences.

1. Describe the business and the trademark that you wish to register. Be creative. If you are going to register a logo, include an image of what the logo will look like.

2. Provide a brief description of the steps that you will take to apply for the registration of your trademark. [Hint: go to the applicable website of the Canadian Intellectual Property Office and describe the steps that are listed there.]

3. Conduct a search (both in Canada and the United States) and list any trademarks that you think might potentially conflict with yours. Include a copy of the search result page.

4. Please list the statutes that relate to your trademark application, and describe how they are relevant.

Part B:

We discussed certain highly publicized cases of attempted trademark registrations in class, such as "Kimono" by Kim Kardashian, "Sussex Royal" by the Duke and Duchess of Sussex, and "Taco Tuesday" by LeBron James. Please research another failed Canadian (or U.S.) trademark registration reported in the news (not a legal court proceeding), and describe why it failed.

Part C:

See below recent cases in trademark law, sorted by the reason for the lawsuit. Assume that any similar registrations inPart A, Question 3above are going to contest your registration. Use the facts and decisions from any one of these cases to explain why either (i) your registration will not be successful; or (ii) your registration will be successful. [Note that you do not need to use these cases but can use any other case that you find which supports your position.]

1. GEOGRAPHIC LOCATION

Advance Magazine Publishers, Inc. v. Banff Lake Louise Tourism Bureau, 2018 FC 108

2. DISTINCTIVENESS

American Express Marketing & Development Corp. v. Black Card, LLC, 2018 FC 362

3. CONFUSION

Assurant, Inc. v. Assurancia, Inc., 2018 FC 121 Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2018 FC 408 Tokai of Canada Ltd. v. Kingsford Products Company, LLC, 2018 FC 951 Swatch AG (Swatch SA) (Swatch Ltd.) v. Hudson Watch, Inc., 2018 FC 853

4. USE

Dollar General Corp. v. 2900319 Canada Inc., 2018 FC 778 Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895