A trade-mark is a word or design, or a combination of these, used to distinguish the goods or services of one person or company from those of others.
There are three basic types of trade-marks. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific entity. Certification marks identify goods or services that meet a standard set by a governing organization. Distinguishing guise identifies the shaping of wares or their containers, or a mode of wrapping or packaging wares.
Registration is evidence of exclusive ownership across Canada and helps ward off potential infringers. It enables the owner to more easily protect its rights should someone challenge them.
Companies, individuals, partnerships, trade unions or lawful associations, provided they meet the requirements of the Trade-marks Act.
Unless disputed by third parties, a registration is valid for 15 years and is renewable every 15 years thereafter upon payment of a fee.
The trade-mark should be distinctive or be adapted to distinguish the products or services of an entity from those of others. In general, the following marks cannot be registered: words that are clearly descriptive of the character or quality of the products or services, terms that are misleading, words that designate a place of origin, terms and symbols that are expressly prohibited under the Trade-marks Act. The latter includes symbols of national and international organizations and terms that are considered immoral or offensive. Other types of marks which may not be registered are plant variety denominations and protected geographical indications for wines and spirits. Obviously, any mark that creates confusion with a registered trade-mark is not registrable.
Trade-mark registration usually involves: