While we all hear the word "brand" tossed around as
representing the word or logo that makes us remember a product line
(think of ROOTS for shoes, bags and footwear) or offers a service
(think of the AIRMILES & Airplane design for an air mileage
incentives program), a brand is actually, in legal terms, a
"trade-mark", that is, a word, design, or combination of
word and design specifically chosen by a person or entity to
distinguish their product or service from similar products or
services offered by others.
In Canada, the rights created through the choice – or
"adoption" as it is formally known – to use a trade
mark are set out in a federal statute called the Trade-marks
Act. Fundamental to the recognition of a trade-mark and
enforcement of the rights in a trade mark, is the concept of
Use of a trade mark for products means the sale of products
inside Canada, or by way of export from Canada, where the products
or their packaging bear the trade-mark. That is, a
consumer can see the trade-mark on the product or its packaging
when purchasing the product, including when the product is received
through later delivery. For example, a person seeking a
specific type of ballpoint pen in a stationery store will look for
the trade-mark for the pen, in amongst all of the pens offered by
multiple manufacturers under different brands. Once the
desired brand of pen is found, the person purchases the pen and
"use" of the trade-mark for the pen has occurred.
Or, a person seeking to order a certain type of jeans online can
sort through the various brands of jeans on the website of a
clothing retailer to the select those desired, and place the order
for those jeans, thus, beginning a chain of activity that will
result in "use" of the trade mark for those jeans upon
delivery of them to the customer.
Use of a trade-mark for services means that the services are
available for access by potential customers and are being promoted
or advertised to those potential customers in a way that highlights
the trade-mark. For example, when a person walks down a
street with multiple restaurants hoping for their custom, the signs
bearing the names of the restaurants are the "use" of
those restaurant names as trade-marks..
All of the above holds true for non-profits in Canada, whether
they are registered charities or not. A trade-mark that
only appears on internal documents, such as a non-profit's
letterhead is unlikely to be found to be in use under Canadian
law. It is important that non-profits not assume that
they are subject to a different interpretation of trade-mark law in
Canada than would be a case for a commercial business. The
Canadian Trade-marks Act makes no such distinction.
So, when it comes to your non-profit brand, use it or lose
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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