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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 trademarks cannot be the subject of a registration:

  • a trademark consisting of a word being mainly made up only of the name or the surname of an individual alive or deceased in the last 30 years;
  • a trademark giving a clear description, in French or in English, of the nature or quality of the products or services or else, the conditions of their production, the people who produce them or the place of origin of the products or services;
  • a trademark giving a false or misleading description, in French or in English, of the nature or quality of the products or services or else, the conditions of their production, the people who produce them or the place of origin of the products or services;
  • a trademark consisting of the name, in any language, of the products or services covered by the application for registration;
  • a trademark which creates confusion with a registered trademark or a trademark being the subject of a prior application.

It is the examiner of the Office of the Registrar of trademarks who will refuse the application and the applicant will have to give evidence that the trademark can be registered.

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