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What can be trademarked?
Word trademarks can be protected:
• A business name, phrase or logo may be registered as a trademark if it is fanciful, arbitrary or suggestive.
• Fanciful signs - Fanciful marks are generally marks without a dictionary meaning.
• Arbitrary signs - Arbitrary marks have nothing to do with the goods or services with which they are associated. Examples include, DieselTM for clothing and AppleTM for computers.
• Suggestive signs - Suggestive marks indirectly refer to the goods or services with which they are associated.
A logo can also be registered. Please note however that your protection will then be limited to this specific graphic representation, and the colours depicted in the graphic representation. You may have more difficulties in enforcing your rights than with a word trademark. We accordingly propose to file your logo in black and white, without colours description. Please provide jpg files only.
Logos may nonetheless be used if your word trademark has no distinctive character (see point 6 below).
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?