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.
The choice of a trademark may have a significant impact on its enforceability.
CanadaIntellectual Property
The choice of a trademark may have a significant impact on its enforceability. Trademarks which are coined, or otherwise have no dictionary meaning in relation to the goods or services for which they are used, have strong or “inherent” distinctiveness. These marks are most easily enforced and are entitled to the widest scope of protection.
Trademarks which describe a quality or characteristic of the relevant goods or services receive a narrower scope of protection. However, marks which are clearly descriptive of the goods or services receive no protection under the Trademarks Act, because they cannot technically function as a trademark to distinguish the goods or services from those of another particular trader.
In between these two extremes are marks that are suggestive, but not clearly descriptive, of the wares or services. Some marks may be a composite of elements with some of each of these features.
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.
