Descriptive of place of origin
Mastering the Law of TrademarksCanadian trademark legislation precludes the registration of marks that are either clearly descriptive or deceptively misdescriptive of the place of origin of the goods or services in association with which the mark is used or proposed to be used.
Clearly descriptive of place of origin
Where a trademark is the name of a geographical area and the goods or services originate from that geographical area (place of origin), the trademark is potentially clearly descriptive of the place of origin. Even the names of places not widely known to Canadians may fall within the ambit of the prohibition of the registration of clearly descriptive trademarks.
LINGAYEN
LINGAYEN was not registrable as a trademark for various fish products. The Federal Court of Appeal found that the trademark applicant's fish products originated from the Lingayen municipality in the Philippines, and that the geographic name Lingayen would not be have been perceived as having other meanings. Thus, the trademark clearly described the place of origin of the goods.
View the decisionDeceptively misdescriptive of place of origin
Where a trademark is the name of a geographical area, but the goods or services do not originate from that geographical area, the trademark is potentially deceptively misdescriptive of the place of origin.
PARMA
PARMA has been allowed registration as a trademark for various meat products, such as salami. The Federal Court found that even though the various meat products being sold in Canada did not originate from the Parma region in Italy, the average Canadian would not be deceived as to the geographic origin of the goods. The Federal Court of Appeal upheld the Federal Court's decision.
View the decisionThe 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.