Recent Canadian trademark case law presents new challenges to both owners and practitioners. In an effort to emphasize certain characteristics or qualities of their products or services, brand owners often incorporate descriptive words in their trademarks. As a result, obtaining a registration for such trademarks is often difficult since the Canadian Trademarks Office will object to the registration of a trademark which comprises words or designs that are descriptive.

This article originally appeared in the December 10, 2004 issue of The Lawyers Weekly.

type Trademarks Clearly Descriptive When Sounded - Should This Issue Resonate With Brand Owners & Practitioners?