Trademark registration requirements
Mastering the Law of TrademarksTo register a trademark, the trademark must not be:
- the name of the goods or services with which the trademark is used;
- clearly descriptive or deceptively misdescriptive;
- primarily merely the name or surname of an individual;
- a mark that may falsely suggest a connection with a living individual; or
- confusing with a registered trademark.
This list is not exhaustive, as there are numerous other requirements that a trademark must satisfy.
Further Learning Resources
Canada's Trademarks Act governs the registration of trademarks. By virtue of section 12 of the Act, a trademark is registrable unless it falls within an exception set out in this section. However, even if a trademark is registrable, a person is not entitled to registration of the trademark if it is confusing with another trademark or trade name as specified in section 16 of the Act.
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.