How the Canadian Trademarks Office Considers Inherent Distinctiveness
Inherent distinctiveness is a measure of a trademark’s originality – those elements that make a brand unique and recognizable to the public. Trademarks indicate the source of goods or services for consumers. As such, distinctiveness is said to be the “essence of a protectable trademark and the foundation of trademark law”[1].
Canada Now Examines for Distinctiveness
Under the new Canadian trademark regime, which came into force on June 17, 2019, the Registrar of…