ACTG 2P40 Lecture Notes - Patent Attorney, Registered Agent, Software
Document Summary
Identifiable mark used by a person for the purpose of distinguishing their goods or services from those of others can also be a distinguishing mark (business names) i. e. coca cola bottle. Plaintiffs goods or services enjoy a reputation. Defendant misrepresented goods, services or business as that of the plaintiff. Actual or likely confusion by the public. Plaintiff suffered damages: good will the benefits and advantage of the good name, reputation and connection of a business, the benefit and reputation of a good name. Trademark under the trademark act: rights obtained as a result of registration. Registered trademarks give exclusive right to its use throughout canada in respect to the goods and services for which it was registered. No unauthorized person may then sell, distribute or advertise any goods or services in association with a confusing trademark. A trademark is valid for 15 years and may be renewed.
