Questions & Answers
To These Frequently Asked Questions:

Index - Trademark law
Using the ™ symbol

Index - Copyright Law
Using the © symbol
How long does copyright last?

Index - Contest Law
A contest's "skill testing question"

Index - Advertising Law
What is "puffery"
What if an ad is literally true?
Do the misleading advertising laws only apply to newspaper, radio and TV ads?


Trademark Law

?

Can I use the ™ symbol without registering my trademark?

!

Yes. You can use the ™ symbol at any time, even if you haven't applied for the registration of the trademark. It's wise to do so, since it gives notice to the reader that you are claiming trademark rights to it. Remember, though, you can only use the ® symbol once your trademark is actually registered with the Trademarks Office in Ottawa/Hull.


button55.gif (1078 bytes)


Copyright Law

?

Can I use the © symbol without registering my copyright?

!

Yes you can. There is no need to register your copyright in a work to use the © symbol. It's also a wise idea to do so, since it gives the reader notice that you own the copyright in that work. The standard format for the use of the © symbol is the following phrase:
© 1998 Sally Smith.


button55.gif (1078 bytes)


?

How long does copyright last?

!

Generally, the copyright in a work expires 50 years after the death of the author (there are some exceptions to this).


button55.gif (1078 bytes)


Contest Law

?

How difficult must a contest's "skill testing question" be?

!

Everyone is familiar with the commonplace mathematical question. However, the skill component of a contest need not necessarily be a mathematical question. It could, for example, require the contestant to guess the number of jelly beans in a jar. When a mathematical question is used, the question must actually involve a degree of skill -- the courts will not consider "2+2" to have tested the person's skill.


button55.gif (1078 bytes)


Advertising law

?

What is "puffery" and is it OK to use it in an advertisement?

!

"Puffery" is innocent "sales talk", such as, the vase would make an ideal gift. "Puffery" is legal and an advertiser would not be liable if the person who received the gift didn't like it. The general rule is that an advertiser is no longer "puffing" their product, and is liable for their statements, when a promise, a claim or a verifiable fact is made.


button55.gif (1078 bytes)


?

What if an ad is literally true? Would this avoid a charge of misleading advertising?

!

No. Even though each statement may be literally true, an offence can still arise if the "general impression" conveyed by an ad is misleading. In reviewing an ad for misleading advertising, it is an incorrect approach to parse the language of the copy to explain away a misstatement. In summary, the "general impression" conveyed by a representation, as well as the literal meaning, is taken into account in determining whether or not a representation is false or misleading in a material respect.


button55.gif (1078 bytes)


?

Do the misleading advertising laws only apply to newspaper, radio and TV ads?

!

Absolutely not. The misleading advertising laws apply to "any" vehicle used to promote your product, no matter how minor in nature the promotional vehicle is. Obviously there is POP and direct mail. Also consider these: any statements made on product packaging; any insert included inside the box containing the product; any oral statement made during in-store, door-to-door or telephone selling.

button55.gif (1078 bytes)