Who owns the Olympics? Trademark, branding and enforcement in Canada

Even if your Winter Olympics marketing campaign is ready to launch, it may be worth pausing until you understand the advertising and marketing laws that protect Olympic intellectual property.

In this article, we will discuss key protections that apply during this year's Winter Olympics, and how your business can participate without risking legal action or sanctions. In any case, you can also consult with a Lexpert-ranked advertising and marketing lawyer for advice tailored to your campaign.

Is the Olympic brand protected by intellectual property laws?

Yes, the Olympic Games, such as its symbols and representations, like the iconic five coloured rings, are protected and registered intellectual property by the International Olympic Committee (IOC).

These rights are stated under Rule 7 of the Olympic Charter. It provides that the IOC is the owner of all rights related to the Olympic Games and the Olympic property, and their use must be approved by the IOC. The rule also confirms that these rights extend to any profit-making, commercial, or advertising use, unless licensed by the IOC.

These Olympic properties include:

• Olympic designations: words that identify the Olympics, including Olympic, Olympics, Youth Olympic Games, Olympic torch, Olympiad, Olympian, Faster, Higher, Stronger – Together (the Olympic motto), and venue designations (e.g., Paris 2024, Milano Cortina 2026, LA28, French Alps 2030, Brisbane 2032, and Salt Lake City-Utah 2034)
• Olympic marks: symbols, logos, drawings, words, and slogans that identifies the Olympic games, such as the marks (e.g., the five interlaced coloured rings), emblems (e.g., the stylized number 26 for the Winter Olympics 2026), mascots (e.g., stoats named Tina and Milo for the Winter Olympics 2026 and the Paralympic Winter Games), torches, posters, and pictograms
• Olympic footage and images: these pertain to any images, videos, and clips from the actual Olympic games, such as footage of athletes during the games

The IOC holds rights in these properties not only for the current Games, including this year's Winter Olympics, but also for future editions such as the French Alps 2030 and Utah 2034 Games. The IOC proactively registers, including by trademarking, these properties well in advance.

To get a glimpse of the impact of protecting these IPs rights, watch this interview of the World Intellectual Property Organization (WIPO) Director during the Beijing 2022 Winter Olympics:

Learn more about IP rules during the Winter Olympics by consulting the best advertising and marketing lawyers in Canada as ranked by Lexpert.

Laws that protect Winter Olympic IP

Below are some of the laws that govern the protection of Olympic properties, specifically for the Winter Olympics 2026:

• Nairobi Treaty: protects specifically the Olympic symbol, i.e., the five interlaced coloured rings, prohibiting its unauthorized registration as a trademark for any product or service
• Codice della Proprietà Industriale: Italy's intellectual property code, which also prohibits the unauthorized registration and use of the Olympic properties

Similar approaches apply to future games, where a mix of international and national IP laws protect these Olympic properties.

Rule 40 of the Olympic Charter

Canadian businesses should also review Rule 40 Guidelines for Athletes and Personal Sponsors issued under the Olympic Charter and the Canadian Olympic Committee (COC). Usually, these guidelines are updated for edition of the Games, including the updated Rule 40 that applies to this year's Winter Olympics.

Under the Rule, athletes may promote their sponsors, and sponsors can also use their sponsored athletes, even during the Winter Olympics Games period, as long as the advertising plan follows these guidelines:

• it is a generic advertising
• it has been in market 90 days before the games period
• it was sent to the COC for notification purposes prior to the games period

This means sponsors must have put their campaigns in market well before the Games period for the Winter Olympics 2026, which runs from January 30, 2026 to February 24, 2026. To add, Rule 40 states that these guidelines apply to all forms of commercial promotion, whether traditional, digital and social media.

Protected marks of the Canadian Olympic Committee

Aside from the protected Olympic properties, the COC itself has other protected marks that Canadian businesses cannot use without its permission, such as:

• Team Canada
• Canadian Olympic Team

These are in addition to the marks set out in the Olympic and Paralympic Marks Act (OPMA), in relation to the Trademarks Act. Some examples of these marks, or any similar marks, which cannot be used under OPMA's Schedule 1 are the following:

• Canadian Olympic Committee
• Canadian Paralympic Committee
• Citius, Altius, Fortius

What is the process of using the intellectual properties of the Winter Olympics 2026?

There are two types of entities that can legally use protected Olympic properties:

• host cities: where part of the agreement with the IOC is to allow them to use the Olympic properties for revenue purposes; or
• Olympic Partners: who are allowed by the IOC to use the Olympic properties through a distinct process to become an official sponsor of the games

Its goal is simple: to preserve the emotional and commercial value of these Olympic properties by preventing IP infringement.

What are the illegal acts that can be committed regarding the Winter Olympics' intellectual properties?

Under these laws, no one may use Olympic properties, including marks that refer to this year's Winter Olympics, without authorization from the IOC. These include the prohibition on ambush marketing and acts related to counterfeiting.

As such, Canadian businesses should understand these intellectual property risks, both to avoid enforcement action and to make lawful use of Olympic properties where possible.

Ambush marketing

Ambush marketing (or ambush advertising) refers to intentional or unintentional attempts to associate products or services with the Olympics without authorization. In other words, it is the creation of a false or unauthorized commercial association with the Olympic Games.

This includes the following prohibited acts:

• generating false association: an Olympic non-partner's use of strategies to generate false association with the Olympic Games
• marketing interference: when an Olympic non-partner intentionally or unintentionally interferes with the marketing activities of Olympic Partners (e.g., parasitic or deceptive activities by non-partners that parallel the activities of legitimate sponsors or partners to obtain profit)
• violation of IP laws: an Olympic non-partner uses Olympic properties, in violation of international and national IP laws, without the necessary IOC authority (e.g., misleading consumers that they have the license to do so)

Learn more about ambush marketing or advertising with this video, under the context of the London 2012 Olympic games:

To help avoid ambush marketing risks while the Olympic Games are underway, consider seeking advice from these Lexpert-ranked best advertising and marketing law firms in Canada.

Counterfeited products

While ambush marketing often occurs before and during the Olympic games, counterfeiting can continue even after the event ends. This includes the manufacture, sale, or distribution of products and services that bear Olympic marks, whether intentionally or not.

These marks, like the five rings which is the most heavily associated mark with the Olympics, can be found in counterfeited clothing, gadgets, and souvenirs. As with ambush marketing, non-sponsor entities may seek to capitalize on the popularity of the Games by selling counterfeit items.

What are the ways for non-Olympic sponsors to engage in safe marketing?

Becoming an Olympic sponsor is costly and often requires years of preparation before the Games begin. However, there still are safe and legal ways that your business can bank on the competitive spirit around this year's Winter Olympics in its advertising and marketing:

• use general non-Olympic or non-COC themes: you can use broad, neutral, and inspirational sports-themed marketing, without using any Olympic properties, official marks of the COC, or any related IPs that may be associated with the Olympics or the COC
• create original marks and materials: although nothing stops a business from running a marketing campaign at the same time as the Winter Olympics, it's better to create original marks and materials (e.g., music and images) to prevent any IP law violation

Winter Olympics and IP rights: The law and sports in one event

Your business may want to join in the competitive spirit around this year's Winter Olympics, but it is important to understand first whether your marketing campaign complies with applicable IP and advertising laws. This way, you can still support Team Canada and run effective campaigns without infringing IP rights in Olympic properties. For complex campaigns, many businesses seek advice from advertising and marketing lawyers to confirm how the rules apply to their specific plans.

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