ARTICLE
27 February 2015

How is a Trademark Different from a Trade Name?

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Bereskin & Parr LLP

Contributor

Bereskin & Parr LLP is a leading Canadian full service intellectual property law firm serving clients across all industries around the world. The firm services clients in every aspect of patent, trademark and copyright law, IP litigation and Regulatory, Advertising & Marketing.
A trade name or business name, although registered with provincial authorities, does not of itself confer any right to the name that is enforceable against third parties.
Canada Intellectual Property
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A trade name or business name, although registered with provincial authorities, does not of itself confer any right to the name that is enforceable against third parties. Rather, registration simply enables the public to ascertain who is using a particular trade name.

A trade name may incorporate a trademark, or itself be used as a trademark (to denote the origin of goods or services, as opposed to being the name of a business) and thus be registrable and enforceable as a trademark (e.g., McDonald's is both a trade name or trade style, and a trademark for restaurant services).

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.
ARTICLE
27 February 2015

How is a Trademark Different from a Trade Name?

Canada Intellectual Property

Contributor

Bereskin & Parr LLP is a leading Canadian full service intellectual property law firm serving clients across all industries around the world. The firm services clients in every aspect of patent, trademark and copyright law, IP litigation and Regulatory, Advertising & Marketing.

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