If you haven't already started, the time is ripe to turn your attention to summer fun: golf, the lake, BBQs and brand protection. As the countdown to Rio 2016 is almost over, it's important to remember that the Olympic and Paralympic brands are zealously protected. On this point, the Rio 2016 Brand Protection Guidelines for Advertisers are available online, and they're a real page-turner.
The Guidelines set out the Rio 2016 Organising Committee's position with respect to permitted versus prohibited uses of the Olympic and Paralympic brands. Its position in certain respects in quite clear – notably, only Rio 2016 organisers and their official commercial partners can use the Olympic and Paralympic brands for commercial purposes. The rationale? "It is extremely important to ensure the partners the right to associate themselves with the Games and preserve the emotional and commercial value of the brands" [emphasis added].
In terms of protected elements, the Olympic and Paralympic brands include logos, symbols, official expressions, anthems and songs. Further, it is important to consider that Rule 40 of the Olympic Charter states:
Finally, there are also protected elements that relate to the Games (or sporting events more generally) that are exclusive to other parties; for example, official marks adopted by public authorities in Canada pursuant to the Trade-marks Act.
Any advertiser who would like to jump on the Olympic or Paralympic bandwagon (without having to pay the sponsorship fees) should tread very carefully. As noted in the Guidelines:
Be forewarned – while the public will be watching for athletic drama to unfold this summer, the IOC and the IPC (and their official partners) will be watching for any advertising that harms their brands (and, on this point, the Canadian Olympic Committee has its own Brand Use Guidelines). Accordingly, any advertiser that does not carefully consider these risks before wading into this area is probably better off sticking to golf, the lake and BBQs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.