What Makes a Trademark Distinctive in Canadian Law?
In Canadian trademark law, a mark is considered distinctive if it is capable of distinguishing your goods or services from those of others in the marketplace. Here's what contributes to distinctiveness:
1. Uniqueness
The mark should be unusual or original in the context of the industry.
Common or generic terms are not distinctive (e.g., “Milk” for dairy products).
2. Not Descriptive
It should not describe the characteristics, quality, function, or origin of the goods/services.
For example, “Fast Delivery” for courier services is likely not distinctive.
3. Not a Common Name or Surname
Personal names or surnames are generally not registrable unless they have acquired distinctiveness through use.
4. Acquired Distinctiveness
A mark that may not be inherently distinctive can become distinctive through extensive use and recognition in the marketplace.
This is often proven through advertising, sales volume, and consumer recognition.
5. Visual or Conceptual Impact
Logos, stylized text, or unique combinations of elements can enhance distinctiveness.
For example, a unique logo for a bakery is more distinctive than just the word “Bakery.”
Would you like help evaluating whether a specific name, logo, or slogan is likely to be considered distinctive under Canadian law?
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