VANCOUVER - Is O Canada going to become O Olympics?
The organizing committee for the 2010 Winter Games has applied for a trademark on two lines from the national anthem, raising the possibility that they'll form the slogan for the Vancouver Olympics.
The committee requested trademarks earlier this month on the phrase "with glowing hearts" from the English version of the anthem and "des plus brilliants exploits," which appears in the French version.
Vancouver organizers are expected to make a major announcement in connection with the Games on Thursday but would not comment on why they're trying to trademark the phrases or whether it is related to the announcement.
The anthem is over 100 years old and, according to the department of Canadian Heritage, is in the public domain so may be used without permission from the government.
Organizers have repeatedly said they are hoping to make the 2010 Olympics "Canada's Games" and the use of part of the national anthem as a slogan could be part of that goal.
Hockey fans used to singing the anthem with gusto before a game or school children who sing it every morning shouldn't worry.
"That would not constitute infringement of the mark," said Neil Melliship, a Vancouver trademark lawyer.
"It just doesn't make sense. They are not using it in a commercial sense here, they are not selling something with that mark, they are just singing a song."
But if anyone tries to sell products using either phrase, the organizing committee could -- and likely will -- come calling.
They are so serious about protecting the Olympic brand they managed to get a landmark piece of legislation passed in the House of Commons last year that made using certain phrases related to the Games a violation of law.
The list includes the number 2010 and the word "winter," phrases that normally couldn't be trademarked because they are so general.
Vancouver organizers have already taken small businesses in the Vancouver area to court for using the word Olympic in their names -- even ones in existence long before the Games were awarded to Vancouver -- and have launched lawsuits against people who've tried to register Olympic-related domain names for the Internet.
Trademarking phrases that seem like they should remain always in the public domain isn't against the law, because there is a difference legally between trademarking something and copyrighting it.
Trademarking only allows the phrase to be used in connection with a specific good or service, such as the Games, while only an original idea can be under copyright.
