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.

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