Can You Trademark a Name That is Currently in Use in Canada?

Yes. If you wish to trademark a name that is currently in use, even already trademarked, you may do so if the goods and services that this trademark will apply to are unique to the existing name or trademark. For example, you wish to trademark the name Midnight Services and you provide services related to emergency computer repair. There already exists a company and trademark for Midnight Servings, which provides late night food delivery. Although these names are confusingly similar there is no conflict because the two companies offer completely different goods and services.

Labels: Trademark Canada, Wares and Services, Trademark a Name, How to Trademark

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