Clancy PC - IP Law
  • Home
  • About
  • Team
  • Contact Us
  • Services
  • IP Blog
  • Clancy PC TM Application Form
  • Clancy PC Forms

@CanadianIP News


Follow us on Twitter @CanadianIP
Follow us on Instagram @ClancyPClaw
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, Canadian IP, @CanadianIP, IP

Can I Register a Geographic Name as a Trademark?

14/11/2016

 
Picture
The simple and prudent answer is ‘no’.  A trademark is not registrable if it is clearly descriptive, or deceptively misdescriptive of the place of origin of the goods associated with the mark.

The Canadian Trademarks Office recently issued a new practice notice clarifying its practice with respect to marks that describe a place of origin.  This practice notice was issued in response to the Federal Court of Appeal decision in MC Imports Inc. v. AFOD Ltd. [2016 FCA 60].

Specifically,
  1. A trademark will be found to be “clearly descriptive of the place of origin” if the trademark is a geographic name and the associated goods originate from that geographic location.
  2. A trademark may be misdescriptive if it consists of a geographic name and the associated goods do not emanate from that geographic location.  Whether the mark is deceptively misdescriptive, contrary to s.12(1)(b) of the Trademarks Act, will depend on whether Canadian consumers could be misled into thinking that the associated goods actually originated from that geographic location.
  3. If Canadian consumers would view the primary or predominant meaning of the trademark as the geographic name, then a trademark will be deemed to consist of a geographic name, notwithstanding that it could have other meanings.

For further information, please contact Paula Clancy

Photo by Agence Producteurs Locaux Damien Kühn on Unsplash
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, IP

Comments are closed.

    Archives

    December 2020
    November 2020
    October 2020
    September 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    May 2018
    December 2017
    May 2017
    December 2016
    November 2016
    July 2016
    February 2016
    January 2016
    November 2015
    September 2015
    June 2015
    March 2015
    January 2015
    December 2014
    October 2014

    Categories

    All
    Appointments
    Awards
    Brexit
    EUTMs
    Paula Clancy
    Trademarks
    UKIPO
    WTR 1000

© Clancy PC, 2020
  • Home
  • About
  • Team
  • Contact Us
  • Services
  • IP Blog
  • Clancy PC TM Application Form
  • Clancy PC Forms
Clancy PC Live Chat ×

Connecting

You: ::content::
::agent_name:: ::content::
::content::
::content::