A review of recent Canadian trade-mark filings indicates that some real estate developers in Canada are choosing to protect as trade-marks, not only their company or business names, but also the marks they have chosen for individual developments. Reflecting a more conservative industry, these trade-marks are not as edgy or creative as some of the new wine industry trademarks. However, in a competitive marketplace, this may change as developers start to see the benefits of distinguishing their projects from those of the competition and targetting specific categories of brand-conscious prospective buyers.

Recent applications and registrations include,

OSCAR (Application No. 1293873)
SPIRE (Registration TMA591399)
THE VINE (Registration No. TMA668332)
THE LAUREATES (Registration No. TMA565184)
ROUGE (Application No. 1294465)
COCONUT GROVE (Application No. 1294937)
NEW TIMES SQUARE (Registration No. TMA590427)
SOPHIA (Registration No. TMA666909)
MODE (Registration No. TMA648830)
UNIVERSITY HEIGHTS (Registration No. TMA649239)
YALETOWN PARK (Registration No. TMA627657)

The time may yet come when not every Canadian city has a PARK PLACE and a BAY TOWERS, although some of the above marks continue the practice of developers using names that are the same or similar to names used by other developers, either previously in the same geographic market or in different geographic markets.

A developer’s business or corporate name normally has a shelf life that’s longer than any single development. In many cases the name of the developer is featured as much (or more prominently) in the marketing of each development than is the name of the development itself. Because of this, the protection of such corporate or business names is likely as or more important than the protection of marks for specific development projects, particularly where the marks for development projects are not distinctive.

As creative marketers begin to shake up the industry with more interesting and distinctive marks for specific projects, the need to protect these distinctive project marks will no doubt increase.

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