20(d) Explain the relationship between the applied-for gTLD string and the community identified in 20(a)

Prototypical answer:

As is explained above, CREA is the owner of the MLS® trademarks in Canada and it licenses the use of this mark to its members. The MLS® certification marks were registered at different times, with the earliest registration taking place in 1959. However, the MLS® marks have been used since at least 1954 to describe the standard of service provided by members of organized real estate.

In order to be registerable as a trademark, the word in question must be distinctive and enable consumers to distinguish between the goods and services provided by others in a market. The very fact that Multiple Listing Service® and MLS® are registered trademarks indicates that these marks are distinctive and unique to the real estate industry. As only members of CREA are licensed to use the MLS® marks, they are unique to CREA’s community.

The MLS® Marks identify professional services rendered by members in good standing of CREA to affect the purchase and sale of real estate as part of a “plural system arrangement”, also known as a co-operative selling system (the “MLS® Services”). An MLS® System is a cooperative selling system operated and promoted by a board or association under the MLS® trademarks. An MLS® System includes an inventory of listings of participating REALTORS®, and ensures a high level of accuracy of information, professionalism, and cooperation amongst REALTORS® to effect the purchase and sale of real estate. CREA has rules regarding the operation of MLS® Systems that all Boards and REALTORS® must comply with when they take MLS® listings.

The connection to the community is that CREA is the overarching body that maintains rules and regulations and provides services to benefit all of its members, in particular relating to the operation of MLS® Systems, and CREA’s members are the members of the community.

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