** COMPLIMENTARY REGISTRATION FOR IPIC MEMBERS **
Examination of trademark applications for distinctiveness is quite new in Canada. Explaining “non inherently distinctive” objections raised by CIPO, providing advice to clients and preparing and filing submissions or evidence in response to such objections can be challenging. The presenters will provide insight on the following issues:
- What does CIPO take into account in determining whether a trademark is NOT inherently distinctive?
- The distinctiveness spectrum - low inherent distinctiveness vs. no inherent distinctiveness
- Issues to consider when formulating and submitting arguments responding to NID objections
- Nature and extent of sales/promotion evidence to overcome a NID Objection when proving acquired distinctivenes