Choosing a trademark requires an exercise of skill and
creativity for companies and their marketing experts to grab
customers' attention. However, a trademark that is strong in
terms of marketing will not necessarily be a strong trademark from
a legal standpoint. Here is a non-exhaustive checklist of points to
verify before choosing your trademark.
Does my trademark have a geographic meaning?
The name of a geographic location, without any other possible
meaning, is a weak trademark on its own, unless it has become
distinctive through its use in Canada. Without proof of distinctive
character, a trademark is unregistrable if the goods or services
originate from the geographic location used as a trademark. For
example, a bagel shop based in Montréal cannot register the
trademark MONTRÉAL for its products unless it can prove that
its use has become distinctive. If the goods or services do not
originate from the geographic location, the trademark could
potentially be
