Types of Trademarks

There are three different types of trademarks that can be registered:

1. A word or design mark.

A word or design mark is used by an entity for the purpose of distinguishing wares or services manufactured, sold, leased, hired or performed by that entity from those manufactured, sold, leased, hired or performed by others. This type of mark can be a word, multiple words or a design or a combination of words and designs or any mark “used to distinguish the goods and services of the owners from others”. Examples of this kind of mark are as follows:

2. A “certification mark”

The second type of a mark is known as certification mark is used for the purpose of distinguishing wares or services that are of a defined standard with respect to:

(i) the character or quality of the wares or services;

(ii) the working conditions under which the wares have been produced or the services performed;

(iii) the class of persons by whom the wares have been produced or the services performed;

(iv) the area within which the wares have been produced or the services performed from wares or services that are not of that defined standard.

Examples of this type of mark are:

3. A “distinguishing guise”

The third type of trademark is known as a distinguishing guise is the shaping of wares or the containers or a mode of wrapping or packing wares, the appearance of which is used by a person for the purpose of distinguishing wares and services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others. Examples of distinguishing guise trademarks are:

(a) the shape of the coca-cola bottle;

(b) the shape of a pencil;

(c) the shape of a column;

(d) the shape of a roof vent.

Trademarks that are registered on the Canadian Registry are entitled to use the registration symbol which is ® and marks that have not been registered but are used in the market place and have obtained some protection under the common law through use of the mark are entitled to use the letters ™.