ARTICLE
27 February 2015

Choosing a Trademark

BP
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.
The choice of a trademark may have a significant impact on its enforceability.
Canada Intellectual Property
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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.
ARTICLE
27 February 2015

Choosing a Trademark

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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