Namesake brands are common place. Designers launch their fashion
brand using their name. Celebrities merchandise themselves out
using their own name. Chefs license their name to create a myriad
of food-related products. Fitness instructors create fitness plans
under their own name. It's a branding trend that is unlikely to
go away. However, careful consideration must be undertaken if you
choose to move forward with a namesake brand and it requires
strategic planning from both a short term and long term
standpoint.
1. Registrability Issues
Under the Canadian Trademarks Act, not every trademark is
considered registrable. The Trademarks Act states that if a
trademark is comprised of components that are primarily merely a
name or a surname, that trademark is not, prima facie,
registrable. This not an absolute objection. If the applicant can
demonstrate that the trademark has acquired distinctiveness, the
trademark can overcome this registrability bar. From a
