What Is a Trademark?

A trademark is a mark that distinctly identifies your business brand, goods, and services. If your trademark is not distinctive, it is usually not registrable.

A mark is a word, symbol, or design used to distinguish goods or services of one company from others.

Canada still uses the hyphenated spelling for trade-mark for now. Pending amendments to the Trade-marks Act will change the spelling to “trademark.”

What is a trademark defined as?

“trade-mark” means

  • (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish goods or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others,

  • (b) a certification mark,

  • (c) a distinguishing guise, or

  • (d) a proposed trade-mark;

    • R.S., 1985, c. T-13, s. 2;
    •  1993, c. 15, s. 57;
    •  1994, c. 47, s. 190;
    •  2014, c. 20, s. 369, c. 32, ss. 7, 53.