Recent Canadian trade-mark 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 trade-marks. As a result, obtaining a registration for such trademarks is often difficult since the Canadian Trade-marks Office will object to the registration of a trade-mark which comprises words or designs that are descriptive.

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

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