Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, Canadian IP, @CanadianIP, IP
By Trish Sawhney
When submitting a trademark application, clients often ask whether they should file an application for a standard character mark, a design mark, or both.
A standard character mark, also known as a word mark, refers to a word, phrase, acronym, numbers or letters, regardless of the font, size, style, colour, etc. It is often deemed to be the broadest form of protection since it covers the words themselves. By contrast, design marks may consist of pure design elements and/or word elements. However, the word elements are protected in the context of the design, therefore if the design changes, protection for the words incorporated in the design may be lost.
When deciding whether to register the word(s), the design, or both, some important factors to consider are:
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, IP