What can be trademarked in Canada?

In Canada, any sign or combination of signs that distinguishes the goods or services of one person or organization from those of another may form the basis for an application for a registered trademark. A sign includes, a word a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign.

A Certification mark can also constitute a trademark.

Some examples of what may be a registered trademark in Canada include:

• Names and logos of products or services

• Slogans or taglines associated with a product or service

• Unique packaging or design elements

• Sounds associated with a product or service

• A specific shade of color used in a brand's logo or packaging

However, certain types of marks may be difficult or impossible to register as a trademark in Canada even if the above criteria are met, such as generic terms, descriptive words or phrases, signs that are not distinctive or marks that could be considered offensive or misleading. Additionally, the mark cannot be identical or confusingly similar to any existing registered, pending trademarks or marks that have previous use by another party in Canada. There are also different types of marks that are prohibited by law in Canada from being a registered trademark.

Schedule a Free Initial Consultation

Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.