What is a Trademark?

The best way to understand the concept of a trademark is to review its definition under the Trademarks Act. Under the Trademarks Act, a trademark is defined as follows:

• a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or 
• a certification mark.

A sign or combination of signs is often referred to as a mark. As such, the usual understanding of a trademark, except when used in reference to a certification mark, is a mark used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others.

A trademark gives you a bundle of rights in regard to not just a mark, but a mark in combination with goods or services that is used or proposed to be used for the purpose of distinguishing or so as to distinguish the goods or services offered by a person from those goods or services of others.

For information about registered trademarks, see the following article on registered trademarks.

What a Trademark Does Not Give Rights to

Except in certain circumstances, a trademark does not give a person the absolute right to use a particular mark in Canada. Instead, a trademark gives a person rights in respect of a mark when used in combination with goods or services.

Trademark is Not a Trade Name

Often, people equate a trademark to a trade name. The two concepts are defined differently under the Trademarks Act and are considered to be different under trademark law. However, a trade name and the mark aspect of a trademark may be the same.

Toronto Trademark Agent and Mississauga Trademark Agent

Contact SLC Law to speak to a licensed trademark agent in Canada, serving Mississauga, Toronto, and all of Canada, regarding your trademark needs. SLC Law provides services, including trademark searching, trademark application drafting and filing, as well as trademark opposition services.

All materials contained on this website should not be construed or relied upon as legal advice. The content of the SLC Law website is provided to you for informational purposes only and should not be construed as legal or other advice on any subject matter. Contact a lawyer or other professional for advice regarding your particular circumstances.