Haliburton officials upset after man trademarks name of county

The Canadian government's web page on trademarking says names and words that represent a geographic location are not allowed to be trademarked, but Michael Stinson's application was approved.

Thestar.com
Aug. 1, 2017
By Salmaan Farooqui

Officials in an Ontario community say they're exploring all options to overturn a local man's trademark of their county's name.

Michael Stinson caused a stir among government officials in Haliburton County last week when they learned he had successfully trademarked the name Haliburton.

Stinson says he never intended to deceive or harm anyone, and explains that he trademarked the name so others couldn't "tarnish" the name of the community.

Trademarking is a process that gives a person exclusive use of a brand name, and protects the brand from misuse by others.

The Canadian government's web page on trademarking says names and words that represent a geographic location are not allowed to be trademarked, but Stinson's application was approved.

Haliburton County's chief administrative officer, Mike Rutter, says he's not sure how the trademark could have been allowed.

Rutter says he first became aware of the issue when the county's chamber of commerce started receiving complaints.

"We received a call from our local chamber of commerce that Mr. Stinson was attending businesses and advising people that they would owe him money if they were using the name Haliburton," Rutter says.

Haliburton Coun. Murray Fearrey says he contacted the federal department that handles trademark issues and was told the only option to resolve the matter would be for the county to take legal action.

"I'm upset that we would even have to even think about spending taxpayer dollars on something that should never have happened, as a result of some civil servant making a mistake," says Fearrey. "I can't believe there isn't a political process (instead), because if you pass legislation there's always a way to amend it or rescind it."

Fearrey says he hopes that the Ministry of Innovation, Science and Economic Development - which is responsible for trademarking - can sort out the issue so that the county doesn't have to start a long legal process.

A spokesperson from the ministry did not respond to questions.

Local politicians say they're mainly concerned that other locals who sell merchandise with the name "Haliburton" on it could be asked for commission as a result of Stinson's trademark.

"No one should be able to profit or even restrict the use of the name of a community," says Fearrey. "We don't feel that that's right or that's fair to our other citizens at all."

Stinson says, however, that while he's approached some local businesses about his trademark, he hasn't received any fees so far.

He says he hopes to work with local officials on the matter and wants to make Haliburton "a big brand name with the co-operation of the county."

"I'm optimistic that we can all meet and discuss these issues at hand in a timely matter, whether it's the county of Haliburton, our MP, and our chamber of commerce," he says.

But local politicians say they aren't ready to compromise.

Both Fearrey and Rutter, as well as the federal MP in the area say that the main goal of any talks would be for the trademark to be retracted.