Certified Home Inspector or CHI Designation

[lewens]

I received this from theASTTBC lawyers
Larry

[lewens]

I can still not find any reference to Certified Home Inspector on their website.
Larry

[rwand1]

Larry

Even though ATTSBC has it registered as a Public Authority the fact remains that it is not ATTSBC that uses CHI but BCIPI an affiliate, I think there is a big difference. If you as a person who is seeking National Certification and as a resident in Ontario I guess Oahi who will oversee your certification will be sure to be suspending your application until you cease using CHI.

[Claude Lawrenson]

CANADIAN TRADE-MARK DATA

http://strategis.ic.gc.ca/SSG/0909/trdp090934800e.html

REGISTRANT:
APPLIED SCIENCE TECHNOLOGISTS AND TECHNICIANS OF BRITISH COLUMBIA
10767 - 148TH STREET
SURREY
V3R 0S4
BRITISH COLUMBIA
REPRESENTATIVE FOR SERVICE:
ANN CARLSEN
NORTH ROAD PLAZA
9912 LOUGHEED HIGHWAY
BURNABY
BRITISH COLUMBIA V3J 1N3

PROHIBITED MARK; OFFICIAL MARK:
CERTIFIED HOME INSPECTOR
INDEX HEADINGS:
CERTIFIED HOME INSPECTOR


APPLIED SCIENCE TECHNOLOGISTS AND TECHNICIANS OF BRITISH COLUMBIA
10767 - 148TH STREET
SURREY
V3R 0S4
BRITISH COLUMBIA

REPRESENTATIVE FOR SERVICE:

ANN CARLSEN
NORTH ROAD PLAZA
9912 LOUGHEED HIGHWAY
BURNABY
BRITISH COLUMBIA V3J 1N3

PROHIBITED MARK; OFFICIAL MARK:
CHI
Application 0909601

[rwand1]

http://www.asttbc.org/org/act_regs.html

http://www.canlii.org/ca/cas/fca/2002/2002fca218.html

Ontario Association of Architects (Appellant)
v.
Association of Architectural Technologists of Ontario (Respondent)
Indexed as: Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario (C.A.)
Court of Appeal, Stone, Evans and Sharlow JJ.A.-- Toronto, April 23; Ottawa, May 28, 2002.
Trade-marks -- Official Marks -- Appeal from Trial Division's dismissal of application to reverse Registrar of Trade-marks' decision to give public notice of adoption, use of official mark by Association of Architectural Technologists of Ontario (AATO) -- Only public authority may register official mark under Trade-marks Act, s. 9(1)(n)(iii) -- AATO not-for-profit corporation, incorporated by letters patent, continued by private Act of Ontario Legislature -- Applications Judge holding AATO public authority as controlled by Legislature which could amend enabling legislation -- Appeal allowed -- Application of two-part test of degree of governmental control, public benefit to determine whether public authority -- Duty to do some thing of benefit to public (third part of English test) may be relevant as element of public benefit -- Government control of otherwise private organization requiring some ongoing supervision of activities -- Legislature's exclusive power to change AATO's statutory objects, powers, duties insufficient to satisfy government control test because not allowing government to exercise ongoing influence -- AATO's activities benefit public -- Setting, enforcing standards of professional competence regulating part of practice of profession, providing public with some assurance as to competence, honesty of members -- That activities may also benefit members not fatal to characterization of public benefit.
Trade-marks -- Practice -- Registrar of Trade-marks giving public notice of adoption, use by Association of Architectural Technologists of Ontario (AATO) of official marks -- Ontario Association of Architects applied to Trial Division for order reversing Registrar's decision pursuant to Federal Court Rules, 1998, governing both applications for judicial review, appeals under Trade-marks Act, s. 56, without specifying which remedial route pursuing -- Should be treated as application for judicial review, not as appeal -- Nothing in scheme of Trade-marks Act, s. 9(1) justifying departure from normal principle person who was neither party, nor intervener in proceedings having no standing to exercise statutory right of appeal.

[lewens]

I think I will make them spend some more money and let the ASTTBC give me a formal complaint, backed up with the data. What can they do to me? Tell me to cease and desist? If everybody pushed this issue it would cost them plenty.
Larry

[Roy D. Cooke, Sr]

Originally Posted by lewens

I think I will make them spend some more money and let the ASTTBC give me a formal complaint, backed up with the data. What can they do to me? Tell me to cease and desist? If everybody pushed this issue it would cost them plenty.
Larry

I have to agree with you Larry they could be like the Ontario Home inspection Association and some of their Directors lots of wind little action.

Roy Cooke sr C.H.I. ..RHI... Royshomeinspection.com.

http://www.nachi.org/forum/f48/lets-not-forget-whistler-4935/

The more I hear,
the more I see!
NACHI is the one for me !
Roy Cooke R.H.I. Royshomeinspection.com
A HAPPY NACHI MEMBER,... More find this out ever day!

[rwand1]

I don't know how anyone could mistake the two associations. One is in BC and Nachi is an American Association much like ASHI who has members in Canada.

[Claude Lawrenson]

Larry my read is simply that "they" are obligated to protect their trademark. You are in the best position to decide what is best for you.

But food for thought - "If your trade name or trademark is confusingly similar to that of a competitor, you could face serious legal and financial consequences, including an action for trademark infringement or 'passing-off.' You can be forced to change your name and brand, destroy present inventory and pay damages."http://www.trademarkscanada.ca/index.html

Similar challenges included a U.S. association and the use of the term Registered Home Inspector too, years ago. The cease and desist is the first common means to provide fair warning. You are likely not the first or the last person that will have to face this dilemma and make your own personal decision on whats best for you. So good luck either way.

[Roy D. Cooke, Sr]

Good old Claude he keeps talking about what if and just maybe.

My past experience with OAHI is they are more concerned about keeping information from the members then comming to the front and helping all Home inspectors like NACHI has done and continues to do .

The more I hear,
the more I see!
NACHI is the one for me !
Roy Cooke R.H.I. Royshomeinspection.com
A HAPPY NACHI MEMBER,... More find this out ever day!

Remember Whistler

[rwand1]

So theoretically, as a Nachi member who by association is a CHI, who is a National Certificate holder will have to cease using CHI otherwise he will be reported by OAHI to ASTTBC, and could/will face disciplinary action by and through OAHI if the member is in Ontario, and likely have his Certificate delayed until he complies. Okay, I am for that!

What does Trade Mark infraction have to do with ability to conduct a home inspection to a professional level? Nothing. The matters are two distinct issues. Trade Mark issues and supposed breach of ethics even though the title CHI is legitimately granted to Canadian Nachi members?

[lewens]

Claude
Then why are the CAHPI members in New Brunswick allowed to use RHI?
Larry

[John Bowman]

Looks to me that she has only got the application in to Trademark the CHI designation.

PROHIBITED MARK; OFFICIAL MARK:
CHI
Application 0909601

Until her application has gone through all the hoops tell her, OAHI, or whoever to pound salt. Until then keep posting on the Canadian Home Inspectors (CHI) forum.

[rwand1]

Larry,

RHI is only protected in Ontario, under PR 158 a private members bill. All things considered it does not carry much weight as it is not a public Authority. It only thinks it is a Public Authority.

[rwand1]

Search Page

CANADIAN TRADE-MARK DATA
*** Note Data on trade-marks is shown in the official language in which it was submitted.
The database was last updated on: 2006-06-06
APPLICATION NUMBER:
0821239 REGISTRATION NUMBER:
TMA490299 STATUS: REGISTERED FILED:1996-10-17 FORMALIZED:1996-10-23 ADVERTISED:1997-08-06 REGISTERED:1998-02-19 REGISTRANT: CANADIAN ASSOCIATION OF HOME INSPECTORS (PRAIRIES)
P.O. BOX 696, STATION T
CALGARY
T2H 2H2
ALBERTA
REPRESENTATIVE FOR SERVICE: MARK F. CROSSFIELD
803, 1333 - 8TH STREET SOUTH WEST
CALGARY
ALBERTA T2R 1M6
TRADE-MARK: REGISTERED HOME INSPECTORS (RHI) DISCLAIMER TEXT: The right to the exclusive use of REGISTERED HOME INSPECTORS is disclaimed apart from the trade-mark.
INDEX HEADINGS: REGISTERED HOME INSPECTORS (RHI)
RHI), REGISTERED HOME INSPECTORS (
HI (RHI)
SERVICES: (1) Provide home inspections for residential homes.
CLAIMS: Used in CANADA since September 13, 1996.
ACTIONDATEBFCOMMENTS Created 26 August 1996

Filed 17 October 1996

Formalized 23 October 1996

Search Removed 14 November 1996

NUANS Search Recorded 14 November 1996

Examiner's First Report 29 January 1997 29 May 1997
Correspondence Created 14 March 1997 14 July 1997
Approved 03 July 1997

Translation Requested 04 July 1997 25 July 1997 19970722080054 Translation Received 22 July 1997

Advertised 06 August 1997
Vol.44 Issue 2232 Allowed 31 October 1997

Allowance Notice Sent 31 October 1997 30 April 1998
Registered 19 February 1998