Updated: May 14, 2023
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.
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.
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.
Updated: May 14, 2023
Certification marks in Canada are used to indicate that goods or services meet certain standards or have undergone a particular process. Here are some examples of certification marks in Canada:
CSA (Canadian Standards Association) - A certification mark used on products that have been tested and certified by the Canadian Standards Association.
VQA (Ontario Wine Appellation Authority) - A certification mark used for wine products regarding the location where the grapes were grown and other quality standards.
CAA (Canadian Automobile Association) - A certification mark used for the provision of discount and other benefit programs for members.
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.
Updated: May 14, 2023
It is not a legal requirement to hire a lawyer or trademark agent to file a trademark application in Canada. However, it is recommended to seek the assistance of a lawyer who specializes in trademark law or a trademark agent to ensure that your application is properly prepared and submitted.
The trademark application process can be complex and time-consuming, and a trademark lawyer or trademark agent can help ensure that your application meets all of the necessary requirements and is filed correctly. They can also conduct a search of existing trademarks to identify any potential conflicts with your proposed trademark.
Additionally, a trademark lawyer can provide advice and guidance on trademark protection and enforcement, including filing oppositions, s 45 proceedings or taking legal action against infringement. Trademark agents can also advise on filing oppositions and s. 45 proceedings. It is important to remember that filing a trademark application does not guarantee that the application will result in a trademark registration.
A registered trademark agent’s services are limited to representing a client before the Canadian Intellectual Property Office. In Canada, only registered trademark agents can represent a client before the Canadian Intellectual Property Office. See our blog post about the differences between trademark agents and trademark lawyers.
While it is possible to file a trademark application on your own, working with a trademark lawyer or trademark agent can help increase your chances of a successful application and provide you with the support and guidance you need throughout the process.
It is important to do your research when hiring a trademark lawyer as any lawyer can claim to be trademark lawyer. At Lomic Law our entire practice is focused on intellectual property including trademarks.
At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.
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.
