0-9
- ®
- Symbol meaning "Registered", used to identify a registered trademark.
HAS
- Abandonment
- Voluntary waiver of use or legal protection of a trademark, patent or other intellectual property right. An application for registration may also be considered abandoned if the applicant does not complete all steps of the process within the prescribed time limits.
- Coexistence agreement
- An agreement between two parties that allows similar marks to coexist without causing confusion or conflict, usually under certain conditions.
- License Agreement (see also Grant a License, License Agreement and Trademark License)
- Contract by which the owner of a brand (licensor) authorizes a third party (licensee) to use it for a specific period and under specific conditions.
- Admission
- Stage in the trademark registration process where the application is deemed eligible and ready for registration by the Trademarks Office.
- Outdoor display
- Outdoor visual advertising used to promote a brand, such as billboards and signs.
- Trademark Agent
- Professional certified by the College of Patent Agents and Trademark Agents (CABAMC) specialized in advice, filing and protection of trademarks.
- Announcement
- See Publication
- Approval
- Stage where the trademark office accepts an application and announces its upcoming publication in the Trademark Journal.
- Audit
- In-depth assessment of a company's intellectual property assets, including trademarks and patents.
- Author
- A person or entity who creates an original work, such as an artistic, literary, or musical work.
B
- Trademark Database (see also Trademark Registry)
- Public register managed by the trademark office which lists registered trademarks and pending applications as well as all information relating to them.
- Goods
- View Products
- Patent
- An exclusive right granted to an inventor by the government to protect an invention, preventing anyone from making, using, or selling it without authorization in the country concerned.
- Trademarks Office (See also Trademarks Office and Registrar of Trademarks)
- Government agency responsible for registering and managing trademarks in each country.
VS
- CIPO – Canadian Intellectual Property Office
- See CIPO – Canadian Intellectual Property Office
- Registration certificate
- Official document issued by the trademark office attesting that a trademark has been registered (filed).
- Trademark assignment (see also Transfer)
- Legal transfer of ownership rights in a trademark from one owner to another.
- Classes
- Categories into which goods and services are grouped for trademark registration, according to the Nice Classification.
- Nice classification
- International system of classification of goods and services used for the registration of trademarks.
- Vienna Classification
- International system of classification of figurative elements of marks.
- Co-branding
- Collaboration between two brands to create a joint product or service, leveraging the reputation of both brands.
- College of Patent Agents and Trademark Agents (CABAMC)
- Organization that governs the profession of patent and trademark agent in Canada.
- Common law
- System of law based on court decisions rather than written laws.
- Unfair competition
- Deceptive or unfair business practices that harm competition.
- Grant a user license
- See License Agreement
- Confidentiality
- Protection of sensitive and undisclosed information from unauthorized access.
- Confusion
- Risk that the public confuses one brand with another.
- Counterfeiting
- Unauthorized manufacture, reproduction or use of a trademark, patent or other intellectual property right.
- Berne Convention
- International copyright agreement aimed at guaranteeing the protection of literary and artistic works between signatory countries.
- Paris Convention
- International treaty facilitating the protection of intellectual property, including trademarks, between signatory countries.
- License Agreement
- See License Agreement
D
- Registration Date
- Date on which a trademark is officially registered by the competent office.
- deposit date
- Date on which an application for trademark registration is submitted to the trademark office (not to be confused with the registration date).
- Date of first use
- Date on which a trademark was used, ie products were sold or services rendered, for the first time in the normal course of business.
- Publication date
- Date on which a trademark application is published in the Trademark Journal.
- Renewal date
- Date on which the registration of a trademark must be renewed to maintain its validity.
- Registration request
- Formal application submitted to the trademark office to obtain registration and protection of a trademark.
- False and misleading description
- A feature of a trademark that is inaccurate or likely to mislead the public.
- Industrial design
- Intellectual property right that protects the aesthetic appearance of an object.
- Availability of a brand
- See Availability Searches
- Distinctiveness
- Ability of a brand to distinguish a company's products or services from those of its competitors and to be recognized by consumers.
- Division
- Separation of a trademark or patent registration application into several separate applications.
- Copyright
- Exclusive right of protection granted to the author of an artistic, dramatic, musical or literary work (including computer programs).
- Exclusive right
- Right to use a mark and prevent others from using it without authorization.
- Grace period
- Additional period of time after the expiration of a deadline, during which an action can still be taken without negative consequences.
- Priority deadline
- Period during which a trademark application benefits from the filing date of an earlier application in another country.
- Company name (See also Company name)
- The official name under which an individual, company or organization is registered and chooses to do business.
- Applicant (see also Applicant)
- Person or entity submitting an application for trademark or patent registration.
- Deposit mark
- The act of submitting a formal application for registration of a trademark to the competent office.
- Disclaimer
- Formal waiver of the exclusive use of a word or part of a mark in an application for trademark registration.
E
- EUIPO – European Union Intellectual Property Office
- European Union Intellectual Property Office, responsible for the registration of trademarks and designs in the European Union.
- Projected employment
- Intention to use a trademark for commercial purposes.
- Trademark registration
- Process of obtaining legal protection and registration of a mark in the Register of Trademarks, in accordance with the Trademarks Act.
- Taught
- Distinctive sign used to identify and promote a business.
- Exam
- Thorough evaluation of a trademark application by the trademark office to determine its eligibility for registration.
- Examiner
- Professional responsible for examining trademark registration applications and making decisions based on the rules and laws in force.
F
- Official fees
- Fees payable to the trademark office for filing a trademark application and for other services.
- Franchise
- A contract by which a company authorizes another person to use its brand and business system.
G
H
I
- INPI (National Institute of Industrial Property) – France
- French organization responsible for the registration and management of industrial property rights, including trademarks and patents.
- Brand identity
- Set of elements that define a brand and distinguish it from its competitors.
- Innovation
- Creation of new products, services or technologies.
- Invention
- New solution to a technical problem likely to be patented.
J
- Trademark Journal
- Official publication which lists the trademarks advertised and allows a third party to file a statement of opposition with the Registrar of Trademarks within two months of the date of publication.
- Case law
- Set of court decisions rendered which make it possible to interpret the law.
K
L
- Brand License
- See License Agreement
- Licensed
- A person or organization licensed to use another party's trademark under a trademark license. Under certain conditions, the use by the licensee of the mark is deemed to have the same effect as its use by the owner.
- Place of origin
- Place where products are produced or a service originates.
- Intellectual property litigation
- Legal dispute or dispute regarding intellectual property rights, such as trademarks, patents, industrial designs or copyrights.
- Logo
- Graphic symbol or visual representation that identifies a trademark.
- Trademark Law
- Legislation that governs the registration of trademarks in a specific jurisdiction.
M
- MC/TM
- Symbols used to indicate that a mark is used in commerce, but not yet registered. MC refers to a Trademark and TM to Trademark in English.
- MD/®
- Symbols used to indicate that a trademark is officially registered with the trademark office. MD refers to Trademark and the symbol ® (R in a circle) means Registered.
- Maintenance
- Actions necessary to maintain a trademark registration in effect, usually related to paying fees and meeting certain requirements.
- Representative
- Person or entity who represents the owner of a trademark in proceedings before the trademark office.
- Products and Services Manual
- A document published by CIPO that lists acceptable goods and services that can be used in a trademark application.
- Trademark Examination Manual
- An official guide containing instructions and procedures used by trademark examiners to evaluate the validity of trademark applications.
- Goods
- View Products
- Marking (See also Marking Symbols)
- Affixing a symbol announcing the protection status of a brand (unregistered or registered) on a product or its packaging or during the performance of services.
- Certification mark
- Trademark used to indicate that products or services bearing this mark meet specific standards.
- Trademark
- Any sign that allows the products or services of a company to be identified and distinguished from those of its competitors.
- Registered trademark (or registered trademark)
- A brand that has been officially registered in the Register of Trademarks and which benefits from legal protection.
- Descriptive mark
- Brand which directly or indirectly describes characteristics or qualities of the products or services it identifies.
- Figurative mark
- Trademark consisting mainly of graphic elements or a design, often in the form of a logo.
- Generic brand
- A brand name that has become the common name for a product or service, such as "aspirin" or "fridge" in the United States.
- International brand
- Trademark which is registered in several countries through a single and simplified procedure such as the Madrid system.
- Non-traditional brand
- A brand that is not a word or logo, such as a sound, smell, shape or color.
- Official brand
- Mark used by a government, governmental organization or public authority and for which public notice has been given.
- Sound mark
- Trademark which is a sound composition or jingle used to identify and distinguish products or services.
- Suggestive mark
- A mark that suggests a characteristic of the product or service, but does not directly describe it.
- Three-dimensional mark
- A brand that is represented by the shape or three-dimensional characteristics of a product or its packaging.
- Word mark (Or Nominal mark or Word serving as a mark)
- Trademark consisting primarily of words, letters, numbers or combinations thereof, without graphic elements.
- Prohibited brands
- Trademarks which are expressly prohibited from being used and which cannot be registered, such as: coats of arms, national crests and emblems, territorial flags, official signs or hallmarks, etc.
- Monopoly of exploitation of a brand
- Exclusive right to use a trademark in the sale of certain products or services in the territory in which it is registered.
- Word used as a brand
- A word or phrase used to identify and distinguish a company's products or services.
NOT
- Trade name
- Official name under which a company carries out its commercial activities.
- Domain name
- Unique address associated with a website on the internet.
O
- WIPO – World Intellectual Property Organization (see also WIPO)
- Organization that manages intellectual property rights at the international level.
- CIPO – Canadian Intellectual Property Office (see also CIPO)
- Government agency responsible for registering and managing trademarks, patents, industrial designs and copyrights in Canada.
- Objections
- Formal or legal reasons raised against the registration of a mark by an examiner.
- Plant breeding
- Intellectual property rights for the protection of new plant varieties.
- Trademark Office
- See Trademark Office
- Opposition
- Procedure by which a third party can object to the registration of a trademark, often because of similarities to an existing mark.
P
- Plagiarism
- Illegal copying of a copyrighted work.
- Brand portfolio
- Set of brands owned by a company or person, representing an important asset.
- Prima facie evidence (direct evidence)
- Evidence that is sufficient to establish a fact or assertion until the contrary is proven.
- Conventional priority
- Right to claim the filing date of a previous application for registration when filing a new application in another country within six months.
- Unfair competition procedure
- Legal action taken against a company that uses unethical business practices to gain a competitive advantage.
- Counterfeiting procedure
- Legal action brought against one party who has violated the intellectual property rights of another, such as by using a trademark without the owner's permission.
- Products
- Any item that is sold, rented or otherwise disposed of on the market.
- Extension of deadline
- Formal request to extend the time initially granted to complete a specific action or administrative formality.
- Owner (see also Holder)
- The person or entity that owns the legal rights to a trademark.
- Intellectual property
- Area of law that encompasses rights to creations of the mind, such as patents, trademarks, industrial designs and copyrights.
- Brand protection
- Set of measures taken to protect a brand against unauthorized use.
- Publication (see also Announcement)
- Official notice in the Trademark Journal informing the public that a trademark application has been accepted for registration and allowing third parties to file an opposition.
- Advertisement
- Communication of a brand to the public.
Q
R
- Cancellation of a brand
- Official removal of a mark from the Register of Trademarks, usually due to non-renewal or renunciation.
- Summary removal (Procedures provided for in Article 45)
- Simplified procedure for canceling a trademark that has not been used for the last three years.
- Social reason
- See Company name
- Research report
- A document that contains the results of a trademark availability search conducted by a trademark agent or trademark office.
- Examination report
- Official notification which contains the conclusions of the examination of a trademark registration application.
- Search for availability or prior art (or preliminary search)
- Checking the availability of a trademark carried out before submitting an application for registration to avoid potential conflicts. This search makes it possible to validate whether the desired mark is available and capable of being registered without infringing the rights of a third party.
- Trademark Search
- See Availability Search
- Similarity search
- Research to determine if a mark is too similar to a previously registered mark and to avoid potential conflicts.
- Identical search
- Search to determine whether an identical (or very close) trademark is already registered or in the process of being registered for the same type of goods or services.
- Refusal to register
- A decision by the trademark office not to register a trademark, often based on objections or conflicts.
- Registrar of Trademarks
- See Trademark Office
- Register of Trademarks
- View Trademark Database
- Renewal of registration
- Procedure for maintaining a trademark in force after its registration expires (generally every ten years).
- Representative for service
- Person or entity authorized to receive notifications and represent a trademark owner in official communication with the trademark office.
- Applicant
- See Applicant
- Trademark Regulations
- Rules and procedures for the application of the Trademarks Act issued by the trademark office which govern the registration and protection of trademarks.
S
- Counterfeit seizure
- Procedure for seizing counterfeit products to protect intellectual property rights.
- Services
- Activities or intangible goods offered to third parties.
- Distinctive sign
- Shaping of products or their packaging which gives them a unique appearance and distinguishes them from products offered by others on the market but without being functional.
- Slogan
- A short, catchy phrase used for advertising purposes to identify a company or its products and services.
- Usage specimen
- Concrete example of the use of a trademark on a product or its packaging and in commerce, often required when submitting a registration application.
- Brand Strategy
- Plan for developing and protecting a brand.
- Brand Monitoring
- Regular monitoring of trademarks to detect unauthorized uses and potentially conflicting registration applications.
- Customs supervision
- Service that allows customs authorities to detect and intercept counterfeit or illegitimate products bearing a registered trademark.
- Marking symbols (See also Marking, MC/TM and MD/®)
- Symbols used to indicate that products and services are protected by intellectual property rights. Symbols such as MC/TM and MD/® are used to indicate the protection status of a mark (unregistered or registered).
T
- Ordinary terms of trade
- Words or expressions commonly used in industry or commerce generically to describe products or services.
- Holder
- View Owner
- Transfer
- See Trademark assignment
- Court
- Judicial institution that rules on disputes.
U
- USPTO – United States Patent and Trademark Office
- The government agency responsible for registering trademarks and patents in the United States.
- Use
- Use of a brand on a product or its packaging, or in advertising.
V
- Intellectual property infringement
- Unauthorized use of an intellectual property right, such as a trademark or patent.
W
- WIPO – World Intellectual Property Organization
- See WIPO – World Intellectual Property Organization
X
Y
Z