June 9, 2022
Are you among those asking which trademarks are not registerable? Since you’re reading this, I believe you need answers. Well, worry no more because your search ends here.
This article will take you through the various scenarios where your trademark will not be registerable so that you can avoid them.
When you carry out your Canada trademark registration, a trademark examiner will evaluate your application and check if it’s suitable for registration.
If there is an issue with your application, let’s say it doesn’t meet the legal threshold for it to be registered, you will get a notification explaining why your trademark can’t be registered.
Usually, you can avoid this by conducting an extensive trademark search, revealing potential road blocks.
Suppose your trademark is identical or similar to a popular trademark. In that case, it will be rejected because it’ll look like you want to capitalize on the popularity and reputation of the existing mark.
For example, Easyjet is a popular Airline brand that people can identify with, and yours is Easyjet, a courier service. The existence of the first Easyjet mark will likely be a block to registration of Easyjet in a related business field.
Your trademark will be rejected if it’s confusingly similar or identical to another trademark that is already on the register. However, the Examiner will take the goods/services with which the marks are filed, into consideration.
For example, Eezee-Go is a courier service company already in the system. If you want to register Easygo, a transportation company, you will likely be unsuccessful given the existence of the similar mark.
If your mark is a word that’s commonly used in your industry, it will likely be rejected. A trademark is best when it is a unique (distinctive) sign that separates a company’s goods & services.
For example, if you’re a courier service company whose intended mark is “Deliveries Now”, it will likely be rejected because “Deliveries Now” is commonly used in your industry.
If your trademark describes the services that you provide, it will be rejected. For instance, if you use “The Courier Company” as your mark, it will likely be rejected for being descriptive.
If your trademark can cause confusion in the public domain, it will be rejected. If your logo symbolizes coffee, you can’t register and use it for something else like sleeping tablets or tea.
This will mislead or deceive the public, so it will likely be rejected.
For example, you’re offering delivery services, and your mark is Delivery Drones, but you deliver items through bikes. This is misleading and will surely get rejected.
If your trademark makes it look like the government approved it, it will be rejected.
Any filed trademark that comprises arms, flags and other state and international organization emblems will be rejected unless you have the approval of the state or relevant organizations.
For example, you’re a car dealer, and your proposed mark is “Mark’s Government Approved,” it will likely be rejected.
All the above mistakes that can lead to trademark objections can easily be avoided if you contact professionals at Trademark Depot who will assist you with your trademark search and file the relevant paperwork, so your trademark gets approved quickly.
If you want to know how to trademark a name in Canada, how to carry out a Canada trademark search, or how to register trademark in Canada, Trademark Depot (TMD) is here to help you.
Suppose you need help with your Canada trademark registration, or you want to conduct brand registration in Canada; you can contact the experienced professionals at Trademark Depot (TMD) to help register your trademark for you.
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