What can’t be registered as a trademark in Canada?
- Trademarks that are descriptive of the products or product quality (for example, TASTY PEARS cannot be registered for fruits)
- Full names and surnames unless they have acquired a secondary meaning (for example, TAYLOR may be registered trademark as it has a secondary meaning but Anderson may be unregistrable since it’s only a surname)
- Names of products that you registering, even in a foreign language (for example, you can’t register КРЕМ for creams as КРЕМ means CREAM in English when translated from Russian)
- Places of origin. You can’t register French Candy for candy and chocolate originating from France.
- Trademarks identical to Official government marks (aka Official marks), emblems, flags.
- Obscene and offensive trademarks (for example, CANADIAN AS FUCK is unregistrable whereas FCUK is registrable)
- Portraits and signatures or living or dead individuals
- Trademarks that are too close to another previously filed or registered trademark
- Trademarks that are merely informational (for example, BLACK LIVES MATTER)
How to avoid filing for a trademark that’s not registrable? Conduct thorough trademark search before filing a trademark.