You're a law student working in the Queen's Business Law Clinic and a client comes in...

 

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You're a law student working in the Queen's Business Law Clinic and a client comes in asking you to advise them on their ability to use the name "OnQ" for their new music sharing application for students, and they'd like your help registering the trademark if it's available. Do some CIPO trademarks database searching and choose the most correct response: Queen's University has registered "OnQ" as a trademark, but given the difference in the goods/services provided, there shouldn't be any consumer confusion and the client can be advised to proceed with their proposed mark. Queen's University has registered the prohibited mark "onQ" and it is likely that the client's "OnQ" is so nearly resembling to be mistaken for Queen's University's "onQ" and the client should be advised not to proceed with the use of their proposed mark, without seeking permission from Queen's. Queen's University has registered "OnQ" as a trademark and such registration will prevent the client's use of their proposed mark. "onQ" is a prohibited mark registered by Queen's University, but since onQ is an academic software system while the client's software product is for music sharing, the difference in the goods/services mean that the client is free to use and perhaps register the mark without running afoul of any trademark law. You're a law student working in the Queen's Business Law Clinic and a client comes in asking you to advise them on their ability to use the name "OnQ" for their new music sharing application for students, and they'd like your help registering the trademark if it's available. Do some CIPO trademarks database searching and choose the most correct response: Queen's University has registered "OnQ" as a trademark, but given the difference in the goods/services provided, there shouldn't be any consumer confusion and the client can be advised to proceed with their proposed mark. Queen's University has registered the prohibited mark "onQ" and it is likely that the client's "OnQ" is so nearly resembling to be mistaken for Queen's University's "onQ" and the client should be advised not to proceed with the use of their proposed mark, without seeking permission from Queen's. Queen's University has registered "OnQ" as a trademark and such registration will prevent the client's use of their proposed mark. "onQ" is a prohibited mark registered by Queen's University, but since onQ is an academic software system while the client's software product is for music sharing, the difference in the goods/services mean that the client is free to use and perhaps register the mark without running afoul of any trademark law.

Answer rating: 100% (QA)

I can guide you on how to approach this situation 1 Go to the CIPO Trademarks Database Visit the Can... View the full answer