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It is a fundamental principle of trademark law that no business should be able to prevent others from using apt language to accurately describe their goods and services. For this reason, clearly descriptive trademarks are typically not registrable in Canada (nor in many other countries) and it can be very difficult to protect such marks. In spite of this principle, brand owners frequently adopt trademarks which push the boundaries of descriptiveness. The recent Federal Court decision, Hidden...
By: Smart & Biggar