ARTICLE
21 February 2019

What is a Trademark?

BP
Bereskin & Parr LLP
Contributor
Bereskin & Parr LLP is a leading Canadian full service intellectual property law firm serving clients across all industries around the world. The firm services clients in every aspect of patent, trademark and copyright law, IP litigation and Regulatory, Advertising & Marketing.
A trademark indicates to the public that the goods or services associated with it originate with a particular trader, and serves to distinguish such goods or services from those of other traders.
Canada Intellectual Property
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A trademark indicates to the public that the goods or services associated with it originate with a particular trader, and serves to distinguish such goods or services from those of other traders. A trademark's ability to distinguish a particular trader is referred to as the mark's “distinctiveness.”

A trademark may generally consist of a word (such as PEPSI®) or words (such as KENTUCKY FRIED CHICKEN®), or a design (such as the GOLDEN ARCHES®), or a combination of such elements. A trademark may also consist of the shape of a product or its container (known as a "distinguishing guise") if that shape is distinctive of the goods of a particular trader. An example of a distinguishing guise is the well-known ROLLS ROYCE car grill. Certification marks, such as the wool symbol, are used to distinguish goods or services which are of a defined standard.

ARTICLE
21 February 2019

What is a Trademark?

Canada Intellectual Property
Contributor
Bereskin & Parr LLP is a leading Canadian full service intellectual property law firm serving clients across all industries around the world. The firm services clients in every aspect of patent, trademark and copyright law, IP litigation and Regulatory, Advertising & Marketing.

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