Trademarks

Trademark

A word, symbol, design, or combination of these features used to distinguish the wares or services of one person or organization from others in the marketplace.

Ordinary Marks

Common trademarks that distinguish the wares or services of a specific firm or individual.

Certification Marks

Marks that identify wares or services which meet a defined standard, owned by one person but licensed to others.

Distinguishing Guise

Marks that identify the shaping of wares or their containers or a mode of wrapping or packaging wares.

Trade Name

The name under which a business is conducted, which can be registered as a trademark if used to identify certain wares or services.

Registered Trademark

A trademark that is officially entered into the trademarks register, providing exclusive rights across Canada.

Unregistered Trademark

A trademark not entered into the trademarks register that still may offer some legal protection.

Prima Facie Evidence

Evidence that is sufficient to establish a fact or raise a presumption unless disproved.

Place of Origin

A term that describes the geographic origin of goods, generally not allowed for trademark registration.

Clearly Descriptive Marks

Marks that describe the qualities or characteristics of a product, typically not registerable.

Deceptively Mis Descriptive Marks

Marks that mislead consumers regarding the nature or quality of the product, not typically allowed for registration.

Prohibited Marks

Marks that are expressly prohibited from registration under laws, such as government symbols.

Trademark Infringement

The unauthorized use of a trademark or a mark that is confusingly similar to an existing mark.

Licensing

The granting of permission by a trademark owner to another party to use the trademark.

Trademark Agent

A professional qualified to handle trademark applications, which can include lawyers but must be specifically registered as agents.

Secondary Meaning

When a trademark has become associated in the public mind with a specific product or service instead of its original meaning.