Descriptive of conditions of production

Mastering the Law of Trademarks

Canadian trademark legislation precludes the registration of marks that are either clearly descriptive or deceptively misdescriptive of the conditions of production of the goods or services in association with which the mark is used or proposed to be used.

Conditions of production

A mark that is clearly descriptive or deceptively misdescriptive of the conditions of production of the goods or services in association with which it is used, or proposed to be used, is unregistrable.

KILNCRAFT

KILNCRAFT has been refused registration as a trademark for tableware because it clearly describes that the goods were produced by a kiln process.

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