Trademark Law in Canada

February 4th, 2010 |

Author: admin

Please keep in mind that this is not legal advice. The aggregation provided herein is for educational purposes only. If you would like to intend in touch with a Canada stylemark lawyer to help you with your application or stylemark dispute, then you are encouraged to seek a professional. In this article, I’ll be discussing some of the basic questions about trademarks, including what exactly is a trademark, what is the Canadian trademarks database, do I have to register a trademark, and what are the advantages of registering a trademark.

Definition: A stylemark is a word, symbol or design, or a combination of these, utilised to distinguish the goods or services of one person or organization from those of others in the marketplace.
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There are three main kinds of Trademarks in Canada:

1. Ordinary Marks;

2. Certification Marks; and

3. Distinguishing Guise.

These kinds of Trademarks module be discussed shortly in turn.

Ordinary Marks
The Canada Trade-Marks Act defines an Ordinary Trademark as: “a mark that is utilised by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others,” So a stylemark is a word, symbol, picture, or combination of these things utilised to distinguish a product (called a “ware”) or a service of one playing from another that offers similar wares or services.