Trademark Law

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Commonly Asked Questions about Trademark Law

What cannot be trademarked in Canada?

You cannot register a name or a surname, clearly descriptive or deceptively misdescriptive words or marks, marks that refer to the geographic origin of your product or service, marks that are confusingly similar with those that have already been registered or are in the process of registration, and marks which are the

What Cannot be protected under trademark law?

The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they dont identify source)

What are the basic trademark laws?

United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.

What is an example of a trademark law?

Trademark laws prohibit the unauthorized use of registered trademarks by any individual or organization. Examples of well-known trademarks include Google, Nike, and Apple. Specific types of trademarks, depending on the business aspect they protect, are service, certification, collective, and house marks.

What is a common law violation of trademark?

Trademark infringement ing to the Trade-marks Act The common-law tort of passing off is committed when there exists goodwill, or a distinctive reputation of a business with respect to a particular product or service, the deception of the public by misrepresentation, and actual or potential damage.

What is the trademark law rule?

A mark is infringed under U.S. trademark law when another person uses a device (a mark) so as to cause confusion as to the source or sponsorship of the goods or services involved. Multiple parties may use the same mark only where the goods of the parties are not so similar as to cause confusion among consumers.

What does trademark law cover?

Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

What are the rules for using trademarks?

What are the top Trademark Rules? Always use your whole mark. Make sure your mark stands out. Use a trademark symbol. Avoid descriptive words, terms, and phrases. Use your trademark as an adjective. Business and domain names do not protect trademarks. Avoid commonly used words, terms, and phrases.