Deceptively Misdescriptive Trademarks

Deceptively misdescriptive trademarks are not registrable under section 12(1)(b) of the Trademarks Act, which states: When trade-mark registrable 12 (1) Subject to section 13, a trade-mark is registrable if it is not … (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality… Continue reading Deceptively Misdescriptive Trademarks

What is a Trade-Name?

What is a trade-name? A “trade-name” means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual;  Trade-marks Act, 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,… Continue reading What is a Trade-Name?

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… Continue reading What Is a Trademark?

Nice Classification for Canadian Trademarks

The Canadian Intellectual Property Office (“CIPO”) adopted the international Nice Classification for trademark applications in 2015. As of January 1, 2017, CIPO applies the 11th Edition of the Nice Classification to all New applications. If you have filed your application prior to January 1, 2017, and have chosen to submit a Revised application, you may choose… Continue reading Nice Classification for Canadian Trademarks