Which Trademarks are not Registerable?

June 9, 2022

Everything you need to know about trademark registration

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.

In Canada, the Trademarks Act forbids most trademarks from being registered because of the following reasons.

Your trademark resembles an existing pending or registered mark

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 mark raises conflict

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.

Your Mark is not Distinctive

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.

Your trademark is descriptive

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.

Your trademark is deceptive or confusing

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.

Trademarks that advocate government approval

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.

The Bottom Line

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.

 

 

Written by

Jamie Bashtanyk

CEO/Trademark Agent

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