Do you want to position yourself on the market
using a name or a slogan referring to the quality of your products
or services? Are you convinced you are the best and want to show it
through a name or a slogan?
That's fine, but you should know that you cannot, in most
cases, monopolize this name or slogan by registering it as a
trademark, nor can you prevent anyone in your industry from using a
similar name or slogan. If you claim to be the best, know that
everyone else can claim to be the best too.
Indeed, the Trademarks Act does not authorize the
registration of descriptive marks, i.e., those trademarks that
describe the nature or quality of the products or services in
association with which they are used. On this ground, words or
slogans with a laudatory connotation are considered descriptive in
that they describe the quality of the products and services as
superior.
