What is a trademark?
Mastering the Law of TrademarksA trademark is a mark that is used to distinguish a business's goods or services from those of its competitors.
A trademark can be, for instance, words or designs. In addition to word and design trademarks, which are the most common trademark types, there are other types of trademarks, such as sound trademarks. The examples presented below are illustrative of what a trademark can be. They are all registered Canadian trademarks.
- Words
- A trademark can consist of one or more words. The words can be dictionary words, coined words, or fanciful misspellings or corruptions of words.
PRESIDENT'S CHOICE
PRESIDENT'S CHOICE
SECOND CUP
SECOND CUP
FRRROZEN HOT CHOCOLATE
FRRROZEN HOT CHOCOLATE
STEAM WHISTLE
STEAM WHISTLE
THE KEG
THE KEG
LULULEMON
LULULEMON
- Slogans
- Attention-grabbing slogans, catch phrases, taglines and mottos can be trademarks.
DO ONE THING REALLY, REALLY WELL
DO ONE THING REALLY, REALLY WELL
GET CRACKING
GET CRACKING
IT TASTES AWFUL. AND IT WORKS
IT TASTES AWFUL. AND IT WORKS
MMM...I LOVE TURTLES
MMM...I LOVE TURTLES
THERE'S A LITTLE LOVE IN EVERY CUP
THERE'S A LITTLE LOVE IN EVERY CUP
THE EVOLUTION OF MOBILITY
THE EVOLUTION OF MOBILITY
- Personal names
- Personal names, the names of historical figures, fictitious names, and surnames can be trademarks.
LAURA SECORD
LAURA SECORD
WINNIE THE POOH
WINNIE THE POOH
LOBLAWS
LOBLAWS
- Letters
- Letters, either exclusively or in combination with other marks, can be trademarks. For instance, letters can be combined with words or numbers to form a trademark. Acronyms can also be trademarks.
CCM
CSERIES
CSERIES
CS300
CS300
- Numerals
- Numerals, including phone numbers, can be trademarks.
439-0000
439-0000
1-800-GOT-JUNK?
1-800-GOT-JUNK?
- Domain Names
- Certain businesses use their domain names as trademarks.
AUTOTRADER.CA
AUTOTRADER.CA
SHAW.CA
SHAW.CA
411.CA
411.CA
WELL.CA
WELL.CA
WEBNAMES.CA
WEBNAMES.CA
MEC.CA
MEC.CA
- Designs
- Logos, drawings and illustrations can be trademarks. A design can be as simple as a word designed with a particular font.
HUSKY DOG HEAD & DESIGN
HUSKY DOG HEAD & DESIGN
WALKING FINGERS DESIGN
WALKING FINGERS DESIGN
STEAM WHISTLE & DESIGN
STEAM WHISTLE & DESIGN
WINNIE THE POOH DESIGN
WINNIE THE POOH DESIGN
PETRO-CANADA & DESIGN
PETRO-CANADA & DESIGN
MIKE WEIR WINE DESIGN
MIKE WEIR WINE DESIGN
- Signatures
- Signatures can be trademarks, either on their own or in combination with other marks. For instance, the signature of Arnold Palmer, combined with an umbrella logo, is a registered trademark.
J K ROWLING DESIGN
J K ROWLING DESIGN
ARNOLD PALMER & DESIGN
ARNOLD PALMER & DESIGN
- Colour of goods
- A colour applied to a particular good can be a trademark. For instance, the colour green, as applied to the whole of the visible surface of particular fastener brackets for attaching deck boards, is a registered trademark. The colour orange, as applied to the whole of the visible surface of particular handles of scissors, is also a registered trademark.
GREEN DECK BOARD FASTENER
GREEN DECK BOARD FASTENER
ORANGE HANDLED SCISSORS
ORANGE HANDLED SCISSORS
STRIPPING TOOL DESIGN (COLOUR ORANGE)
STRIPPING TOOL DESIGN (COLOUR ORANGE)
- Colour of packaging
- A colour applied to particular packaging of the goods concerned can be a trademark. For instance, the colour light blue, as applied to the whole of the visible surface of a particular lid of a pail, is registered as a trademark for use in association with drywall joint compound. Another example is the colour orange as applied to cigarette packages, which has been registered as both a two dimensional trademark and a three dimensional trademark.
PAIL DESIGN - LIGHT BLUE LID
PAIL DESIGN - LIGHT BLUE LID
ORANGE PACKAGE 2D DESIGN
ORANGE PACKAGE 2D DESIGN
ORANGE PACKAGE 3D DESIGN
ORANGE PACKAGE 3D DESIGN
- Colour of designs
- Colour can be a feature of a design trademark. However, trademark applications that claim colour as a feature must describe the colour in words. For instance, such a claim and description might read as follows: "The applicant claims colour as a feature of the trade-mark. The circle around the C is red, the square around the T is blue and the triangle around the V is green. The letters C, T and V are white."
CTV AND DESIGN (COLOUR)
CTV AND DESIGN (COLOUR)
HUSKY DOG HEAD & DESIGN (COLOUR)
HUSKY DOG HEAD & DESIGN (COLOUR)
MIKE'S HARD LEMONADE & LEMON DESIGN (COLOUR)
MIKE'S HARD LEMONADE & LEMON DESIGN (COLOUR)
- Sounds
- Sounds, including whistles, chimes, melodies and jingles, can be trademarks. For instance, the sound of a steam whistle, sounding twice such as "toot, toot", is a registered trademark.
SOUND MARK: STEAM WHISTLE
SOUND MARK: STEAM WHISTLE
SKYTRAIN DOOR CLOSING CHIMES (SOUND)
SKYTRAIN DOOR CLOSING CHIMES (SOUND)
BMW SOUND MARK
BMW SOUND MARK
The foregoing is not an exhaustive list of what a trademark can be. Additional types of trademarks include, for instance, distinguishing guises.
Further Learning Resources
The Trademarks Act provides protection for trademarks in Canada. Section 2 of the Act includes a definition for "trademark".
The Trademarks Examination Manual is published by the Canadian Intellectual Property Office (CIPO) and includes an entry on the definition of trademark (at §IV.2 of the Manual), an entry on colour (at §IV.3.3 of the Manual), and an entry on trademarks consisting of a sound (at §IV.4 of the Manual).
The material made available on this website does not constitute legal or professional advice and should not be relied upon as such. Always obtain legal advice promptly in deciding an appropriate course of action for your particular situation.