Descriptive of persons employed in production
Mastering the Law of TrademarksCanadian trademark legislation precludes the registration of marks that are either clearly descriptive or deceptively misdescriptive of the persons employed in the production of the goods or services in association with which the mark is used or proposed to be used.
Persons employed in production
Generally, a word that describes a recognized occupation or profession cannot be registered as a trademark for use in association with goods or services which are themselves intimately associated with the practice of that occupation or profession. Such words are barred from registration because they clearly describe or deceptively misdescribe the persons employed in the production of the goods or services. Accordingly, marks such as "Baker" baked goods, "Potter" earthenware, "Pipefitters" wrenches and "Doctors" thermometers are prima facie not registrable.
LUBRICATION ENGINEERS
LUBRICATION ENGINEERS was not registrable as a trademark for use in association with greases, oils and lubricants. The Federal Court of Appeal found that because the words "Lubrication Engineers" described a recognized occupation or profession, and the goods were themselves intimately associated with the practice of that occupation or profession, the trademark was either clearly descriptive or deceptively misdescriptive of the character or quality of the goods or the persons employed in their production.
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