Author: Sarah Nadon - Law Student
Edited By: Ryan Carson
Trademarks can help build a national brand and are extremely useful when identifying goods and services. When applying to create trademark, it is important to understand the application process. It is vital to take the time to understand what is registerable and what is not before attempting to register a trademark because not all trademarks can be registered. For example, if there is another trademark similar or the same as the one you wish to register on the Trademark Register, you will not be able to register your trademark. Luckily, the Trademark Act depicts what one cannot register.
Trademarks that are generally unregistrable include:
Names and surnames;
Descriptive marks (no trademark may be registered if it clearly describes the quality or characteristics of a good or service);
Deceptively mis-descriptive marks (a trademark cannot be registered if it is falsely misleading);
Places of origin;
Words in foreign languages;
Confusing with a registered or pending trademark (be aware of trademarks that are similar to previously registered trademarks or trademarks that are pending, as if they are too similar or confusing, the trademark will be rejected); and
Trademarks that are identical or likely mistaken for prohibited marks (a trademark that is identical or similar to another official mark will not be allowed unless you have been granted permission to use the organizations mark. These marks can include government logos, coats of arms, flags or symbols of any country, and symbols of provinces, municipalities or public institutions.
Other things that you are not able to register include a trademark that indicates a specific geographical origin of wine, spirit or agriculture product or food unless those items originated from that geographical area. For example, wine cannot be labeled as Champagne unless it is from the Champagne wine region in France.
Getting help from a legal professional before registering your trademark is highly recommended. It is important to consider your trademark and what is registerable according to the Trademark Act before applying as it will save time and money.
Articles written by Sarah Nadon:
Test for Breach of Confidence What is Frustration of Contract? Important Clauses in a Letter of Intent Valid, Void and Voidable Contracts What Is Trademark Confusion?
Understanding Construction Liens Force Majeure Determining Which Business Venture is Right for You! Kawhi Leonard Loses Copyright Lawsuit against Nike
Disclaimer
The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.