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ARTICLE · 23 MARCH 2009

Protecting Domain Names As Trade Marks

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A recent decision of the Trade-marks Opposition Board deals with the registrability of a domain name.

CanadaIntellectual Property
John McKeown
John McKeown
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A recent decision of the Trade-marks Opposition Board deals with the registrability of a domain name.

The Facts

The applicant applied to register the trade mark CROSSBORDERPHARMACY.COM in association with marketing services, ordering services and order fulfillment services relating to the sale of pharmaceuticals to consumers.

The opponent opposed the application on the grounds that the applied for mark was not registrable because it was clearly descriptive and not distinctive of the applicant's services.

While a domain name that is registrable as a trade mark and used as a trade mark may be protected, the opponent raised significant issues concerning registrability.

Clearly Descriptive

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