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Questions and Answers
What distinguishes different traders in the market?
What distinguishes different traders in the market?
What is the main reason dishonest traders attempt to pass off their goods as those from a stronger brand?
What is the main reason dishonest traders attempt to pass off their goods as those from a stronger brand?
What does common law provide in terms of trademark rights?
What does common law provide in terms of trademark rights?
What is one advantage of registering trademarks with the Canadian Intellectual Property Office?
What is one advantage of registering trademarks with the Canadian Intellectual Property Office?
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Why would a lawyer generally advise registering marks rather than relying on common law protection?
Why would a lawyer generally advise registering marks rather than relying on common law protection?
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What is a key challenge in proving common law rights related to a particular geographic area?
What is a key challenge in proving common law rights related to a particular geographic area?
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What is the term of protection for a trademark in Canada?
What is the term of protection for a trademark in Canada?
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What is the purpose of a trademark according to the Trade-marks Act?
What is the purpose of a trademark according to the Trade-marks Act?
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When does a trademark registration need to be renewed under the current laws?
When does a trademark registration need to be renewed under the current laws?
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What elements can be registered as a trademark?
What elements can be registered as a trademark?
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What constitutes 'use' of a trademark for goods?
What constitutes 'use' of a trademark for goods?
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When does a new Trademarks Act come into force with respect to renewal periods?
When does a new Trademarks Act come into force with respect to renewal periods?
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What is the significance of distinctiveness in relation to a trademark?
What is the significance of distinctiveness in relation to a trademark?
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According to the Trade-marks Act, what does 'distinctive' mean?
According to the Trade-marks Act, what does 'distinctive' mean?
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Why might indiscriminate generic use of a trademark be detrimental?
Why might indiscriminate generic use of a trademark be detrimental?
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What action can be taken within two months of an application for trademark registration being advertised?
What action can be taken within two months of an application for trademark registration being advertised?
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In what situation would the registration of a trademark be considered invalid under the Trade-marks Act?
In what situation would the registration of a trademark be considered invalid under the Trade-marks Act?
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What distinguishes inherent distinctiveness from acquired distinctiveness in trademarks?
What distinguishes inherent distinctiveness from acquired distinctiveness in trademarks?
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Study Notes
Trademark Distinctions
- Different traders in the market are distinguished by their unique trademarks, which can be a brand name, logo, or symbol.
Dishonest Traders
- Dishonest traders attempt to pass off their goods as those from a stronger brand to gain an unfair advantage and reputation.
Common Law Protections
- Common law provides trademark rights based on the goodwill and reputation associated with a mark.
Registering Trademarks
- Registering trademarks with the Canadian Intellectual Property Office provides legal protection and a claim to exclusive rights.
- One advantage of registering trademarks is that it provides a legal presumption of ownership, making it easier to enforce rights.
Lawyer's Advice
- Lawyers generally advise registering marks rather than relying on common law protection because registration provides stronger legal protection and easier enforcement.
Common Law Challenges
- A key challenge in proving common law rights related to a particular geographic area is proving goodwill and reputation in that area.
Trademark Protection Term
- The term of protection for a trademark in Canada is 15 years, renewable indefinitely.
Purpose of Trademarks
- The purpose of a trademark is to distinguish the goods or services of one person or organization from those of others.
Trademark Registration Renewal
- A trademark registration needs to be renewed every 15 years to maintain protection.
Registerable Elements
- Elements that can be registered as a trademark include words, symbols, logos, and designs.
'Use' of a Trademark
- 'Use' of a trademark for goods means that the mark is displayed on the goods or packaging, or is associated with the goods in a way that clearly indicates the source of the goods.
New Trademarks Act
- The new Trademarks Act comes into force with respect to renewal periods, changing the term of protection from 15 years to 10 years.
Distinctiveness
- The significance of distinctiveness in relation to a trademark is that it must be capable of distinguishing the goods or services of one person or organization from those of others.
- According to the Trade-marks Act, 'distinctive' means that the mark is unique and can be recognized as identifying a particular source.
Generic Use
- Indiscriminate generic use of a trademark can be detrimental because it can lead to the loss of distinctiveness and legal protection.
Opposition to Registration
- An action can be taken within two months of an application for trademark registration being advertised to oppose the registration.
Invalid Registration
- The registration of a trademark would be considered invalid under the Trade-marks Act if it is found to be confusing with a previously registered mark.
Inherent vs. Acquired Distinctiveness
- Inherent distinctiveness refers to a mark that is unique and distinctive from the start, while acquired distinctiveness refers to a mark that becomes distinctive over time through use and reputation.
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Description
Test your knowledge on how trademarks distinguish traders, the value of brands, and how trademark law protects ownership rights. Learn about the importance of trademarks in differentiating sources of goods and services.