How To Register A Famous Name As A Trademark In Canada

Registering the name of an individual as a trademark in Canada poses unique challenges. These challenges frequently impact celebrities wanting to protect their famous name in Canada. Currently, famous names are only registrable as trademarks if the applicant can establish by way of evidence that the applied-for name has "acquired distinctiveness"¹ or "is not without distinctive character"² in Canada and so long as the other statutory requirements are met. In general, the evidentiary burden imposed on such applicants decreases as the level of fame of the individual increases.  Unfortunately, recent amendments to Canada's Trade-marks Act will make it even more difficult to secure registration for a famous name used as a trademark in Canada.