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.
Care should be taken to ensure that generic use of a trademark is strictly avoided.
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Care should be taken to ensure that generic use of a trademark is strictly avoided. If a trademark becomes generic, it loses its ability to distinguish a particular trader as the source of the goods or services associated with the trademark. Such loss of distinctiveness may make a registered mark vulnerable to expungement. Therefore, trademarks should never be used as the name or function of a product, but it is permissible for the trademark to modify the name of the product, e.g. ASPIRIN® brand acetylsalicylic acid.
Even though under Canadian law it is not necessary to do so, trademarks should be denoted with the ® or TM symbol wherever they are used. Furthermore, it is advisable to identify the owner of the mark, particularly if it is used by a licensee.
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.
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.
