Many condominium corporations use the trade name, logo and/or slogans of their condominium site that was originally marketed by the developer. Whether the use is on a sign, newsletter or website, the right to use that name, logo or slogan is governed by trademark law.
Before using a name, logo or slogan, condominium corporations must do an appropriate trademark search to ensure it can be used. If the name, logo or slogan is available or there are no similar names, logos or slogans, the corporation can use it for website and newsletter purposes, but for additional protection the corporation may want to proceed with registering a trademark. If, after a search is done, there are similar names, logos or slogans, using it on the website and newsletter could potentially expose the corporation to liability and damages.
Where a corporation uses the same name, logo or slogan that was used for the marketing of the project by the developer, corporations will often obtain an assignment or consent to use from the declarant (i.e. the developer). The developer may have also already searched and cleared the use of the name, logo or slogan.
We recommend that any condominium corporation using a trade name, logo or slogan carry out the trademark search as the first step before determining what further steps are required.
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.
