"Scandalous, obscene or immoral" trademarks are not
only unregistrable in Canada, but they are also unlawful to
adopt in connection with a business "as a trademark
or otherwise." While similar prohibitions have been deemed
unconstitutional in the United States, this broad ban remains in
force in Canada, where its constitutional status is untested.
For those looking to appropriate the inappropriate, this article
answers: "What does the Canadian Trademarks Office consider
offensive?"
Offensive at law
Court cases on offensive trademarks are few and far between.
However, the one rule that clearly presents itself in the
jurisprudence is that offensiveness is not measured by what the
majority of Canadians think. If a segment of the
population, including those "who still may be regarded as old
fashioned" would be offended, the mark is not lawful (La
Marquise Footwear, Inc, [1946] 2 All ER 497).
