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Trademarks vs. Trade Names

Acquiring Rights

Applicant

Advantages

Requirements

Searching

Expense

Prosecution of an Application

Basis of an Application

Required Information

Foreign Registration

Requirements for Registrability

A registrable trademark must not be any of the following: 

1. primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years,
   
2. as depicted, written or spoken, either clearly descriptive or deceptively misdescriptive in the English or French languages of the character or quality of the wares or services in association with which the mark is used or proposed to be used, or of the conditions of or the persons employed in their production, or of their place of origin,
   
3. the name in any language of any of the wares or services in connection with which it is used or proposed to be used,
   
4. confusing with a registered trademark, or
   
5. a prohibited mark, for example, the Royal Arms, the arms, crest or flag of a Canadian governmental body, or the symbol of the Red Cross, or any other official mark.
   

Nothing here written constitutes legal advice. The accuracy of what is written is not guaranteed.   
Please consult us about any specific matter on which you require legal advice.    © Barrigar Intellectual Property Law 2001