Federal Court of Appeal rules on geographic names as trademarks

By Antonio Turco

A recent Federal Court of Appeal decision illustrates the inherent difficulty in registering a trademark which is descriptive, either of goods or services, or of a geographical location where the goods or services originated

Trademark lawyers know the inherent difficulty in registering a trademark which is descriptive, either of goods or services, or of a geographical location where the goods or services originated. For example, in Canada, pursuant to Paragraph 12(1)(b) of the Trademarks Act, a trademark is not registrable if it is clearly descriptive or deceptively misdescriptive of the place of origin of the goods or services with which it is used, unless it has acquired distinctiveness through use.

Want to read more?

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

The searchable online World Trademark Review database is a valuable research tool.


IP director
Maus Frères/Lacoste

Benefits

Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?

Close

Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 74
;