By Ashlee Froese of Gilbert's LLP
CanadaFashionLaw recently reported on interesting developments with regards to Canada's foray into the non-traditional trade-marks world. Although Canada may be a late-comer to the party, it certainly is playing catch-up. Today, the Canadian Trade-marks Office issued a Practice Notice stating that effective immediately it will accept sound mark applications. Does anyone else have a mild case of whiplash from this quick turnaround?
So here's the 411 if your business is thinking of obtaining trade-mark protection for a sound:
The Canadian Trade-marks Office can call into question the registrability of the trade-mark with the usual suspects: functionality, clearly descriptive and/or deceptively misdescriptive. It is possible to assert the registrability of the trade-mark by demonstrating that the sound has acquired distinctiveness.
Interestingly, it is not possible to file a sound mark application online and, therefore, the cost will be moderately higher.
Stay tuned to CanadaFashionLaw to see who takes the first steps.
View more from Canada Fashion Law and @BrandFashionLaw
(C) Ashlee Froese, 2011. All rights reserved.
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