Can all the trademarks be the subject of a registration? | ScriptaLegal
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Frequently asked questions > Intellectual property > Trademark > Can all the trademarks be the subject of a registration?

Can all the trademarks be the subject of a registration?

No, the following marks cannot be registered:

  • a mark composed of a word that is principally the name or surname of an individual living or deceased within the last 30 years, unless the applicant can prove that it has acquired distinct notoriety in Canada at the date of the application for registration;
  • a mark giving a clear description, in English or French, of the nature or quality of the goods or services or the conditions of their production, the persons who produce them or the place of origin of the goods or services;
  • a mark giving a false or misleading description, in English or in French, of the nature or quality of the goods or services or of the conditions under which they are produced, of the persons who produce them or of the place of origin of the goods or services;
  • a trademark consisting of the name, in any language, of the goods or services covered by the application for registration;
  • a mark that creates confusion with a registered mark or a mark that is the subject of an earlier application.

It should also be noted that the applicant must meet certain requirements and criteria, and that registration may be refused for other reasons. It is the Canadian Trade-marks Office examiner who will decide whether the mark can be registered.

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