ADVICE CENTER
21 February 2019

What is a Trademark?

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
A trademark indicates to the public that the goods or services associated with it originate with a particular trader, and serves to distinguish such goods or services from those of other traders.
Canada Intellectual Property

A trademark indicates to the public that the goods or services associated with it originate with a particular trader, and serves to distinguish such goods or services from those of other traders. A trademark's ability to distinguish a particular trader is referred to as the mark's “distinctiveness.”

A trademark may generally consist of a word (such as PEPSI®) or words (such as KENTUCKY FRIED CHICKEN®), or a design (such as the GOLDEN ARCHES®), or a combination of such elements. A trademark may also consist of the shape of a product or its container (known as a "distinguishing guise") if that shape is distinctive of the goods of a particular trader. An example of a distinguishing guise is the well-known ROLLS ROYCE car grill. Certification marks, such as the wool symbol, are used to distinguish goods or services which are of a defined standard.

Take Note
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.

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