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| TradeMark |
In this
article, we will be discussing some of the basic question that commonly ask
about trademarks, including what exactly is Calgarytrademark, what is the Calgary database, do I have to register a
trademark and what are advantages of registering a trademark.
This is
the definition of the trademark; a word trademark is symbol or design, or a
combination of these, used to distinguish the goods or services of one person
or organization from those of others in the marketplace.
There are
three main kinds of trademark in Calgary:
1. Ordinary
mark;
2. Certification
of marks; and
3. Distinguishing
Guise
These kinds of Trademarks
will be discussed briefly in turn.
Ordinary marks
The Calgary Trade-Marks Act defines an Ordinary
Trademarks as:
“For the purpose of distinguishing a mark a used be
a person or so as to distinguish wares or services manufactured, sold, leased,
hired or perform by him from those
manufactured, sold, leased, hired or performed by others,”
So a trademark is word is a word, symbol, picture,
or combination of these things used to distinguish a product (called a “ware”) or
services of one business from another that offers similar wares and services.
Certification
Marks
A certificate Mark is defined as follows.
“For the purpose of distinguishing a mark is used or
so as to distinguish wares and services that are of a defined standard with
respect to
(a) the
character or quality of the wares or services
(b) the
working conditions under which the wares have been produced or the services
performed
(c) the
class of persons by whom the wares have
been produced or the services performed or
(d) the
area within which the wares have been produced or the services performed, from
wares or services that are not of that defined standard;”
So a Certification Mark simply identifies products
or services that meet a defined standard (e.g. wool mark). The kind of
Trademark can be licensed or used with permission by other companies to
indicate certain standards.
Distinguish
Guise
A Distinguishing Guise is defined as follows:
“(a) a shaping of wares or
their containers, or
(b) A mode of wrapping of packaging wares
For the purpose of
distinguishing the appearance is used by a person or so as to distinguish wares
or services manufactured, sold, leased, hire or performed by him from those
manufactured, sold, leased, hired or performed by others;”
Please keep in mind that this is not a legal advice. The information
provided herein is for educational purposes only.
If you would like to get in
touch with a Calgary Trademark lawyer to help you with your application or
trademark dispute, then you are encouraged to seek to a professional. For further
information please check www.gpspro1.com
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