How do I choose a trade-mark?
Coming up with a trade-mark is a creative process which is limited only by your own imagination.
However, there are some basic rules that you should be aware of prior to adopting a new mark and producing any:
- Packaging
- Labels
- Signage
- Advertising materials.
When creating your trade-mark, it is important NOT to choose a trade-mark which is:
- The full name or surname of an individual living or who has died in the last 30 years (first names or given names can be registered) (ie. John Smith, Mary Jones).
While it is possible to obtain trade-mark registration of a combined given name and a surname, the Office will conduct a search of telephone directories to ensure that the name is not the name or surname of a living individual. This effectively prevents a person from "fencing in" the exclusive right to use a name or surname that is being used by others.
- Word(s) that are clearly descriptive or misdescriptive of a characteristic or quality of the wares or services (ie. SWEET & JUICY for oranges; CHOICE CUT for steak).
- The name of the wares or services in any language (ie. pomme frites for french fries).
- A trade-mark which has already been registered by another party.
When developing a new mark, it is important to choose a coined or invented word or words. The more creative the trade-mark, the stronger the trade-mark protection.
A good example of a coined or invented word is the trade-mark KODAK® owned by Kodak Canada Inc. The word KODAK® has no dictionary meaning or meaning in any language. Therefore, the protection afforded to the KODAK brand name is very broad and it allows the owner a wide scope of protection.