Trade Mark the C-Broad Arrow?

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Trade Mark the C-Broad Arrow?

John Maybin
John Maybin

July 11th, 2011, 7:44 pm #1

Apologies if this has been brought up before, or is outside the scope of the forum.

Saw this company's web-site today http://www.caina-longbranch.com/company_profile) and was surprised to see a "TM" next to the C-Broad Arrow. How do you Trade Mark a symbol so closely identified as being used exclusively by government? Although long disused, I would think that government rarely surrenders its rights to its marks/symbols.

Or maybe they've Trade Marked the combination of the symbol and the company name?
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Michael Dorosh
Michael Dorosh

July 11th, 2011, 10:01 pm #2

I'd be curious to know what the answer is as well. I see there is a disclaimer at the bottom of that page reinforcing their trademark claim to the symbol.
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Clive Law - Service Publications
Clive Law - Service Publications

July 12th, 2011, 2:27 pm #3

Apologies if this has been brought up before, or is outside the scope of the forum.

Saw this company's web-site today http://www.caina-longbranch.com/company_profile) and was surprised to see a "TM" next to the C-Broad Arrow. How do you Trade Mark a symbol so closely identified as being used exclusively by government? Although long disused, I would think that government rarely surrenders its rights to its marks/symbols.

Or maybe they've Trade Marked the combination of the symbol and the company name?
I would have to assume that the C/Arrow is trademarked in connection with the full name as the symbol by itself is a protected government symbol. As it (the C/Arrow) is no longer in use and dates to 1907 it may also be assumed that it is now in the public domain. The question remains - does someone want to go to court over it?
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John Maybin
John Maybin

July 12th, 2011, 4:48 pm #4

Apologies if this has been brought up before, or is outside the scope of the forum.

Saw this company's web-site today http://www.caina-longbranch.com/company_profile) and was surprised to see a "TM" next to the C-Broad Arrow. How do you Trade Mark a symbol so closely identified as being used exclusively by government? Although long disused, I would think that government rarely surrenders its rights to its marks/symbols.

Or maybe they've Trade Marked the combination of the symbol and the company name?
A link showing registration of the C-Broad Arrow:http://www.trademarkia.com/c-85289341.html
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Clive M. Law - Service Publications
Clive M. Law - Service Publications

July 12th, 2011, 10:09 pm #5

For what it's worth I just sent an e-mail to both the Cdn and US TM offices to point out that this mark is described in the 1907 Criminal Code as a government property mark.
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Bill A
Bill A

October 20th, 2011, 1:04 pm #6

Did you get any response to your email Clive?
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Clive M. Law - Service Publications
Clive M. Law - Service Publications

October 23rd, 2011, 3:17 am #7

I contacted both the US (where the application was filed) and the Canadian (because the mark is a 'protected' Canadian government mark) trade mark offices and got auto-replies from both that completely ignored my point. Oh well.
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