If you’re building a brand in Canada, choosing the right trademark is one of the most important decisions you’ll make. A strong trademark doesn’t just help customers remember you—it protects your business legally and gives you the exclusive rights to grow with confidence.

In this guide, we’ll walk you through five key features of a strong trademark, using examples and tips based on Canadian and international best practices.

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1. Distinctive and Original

A strong trademark is unique. It doesn’t describe your product—it defines your brand.

Best choices:

• Coined words like KODAK, XEROX or PEPSI have no meaning other than as brand names.
• Arbitrary marks like APPLE for computers use common words in unexpected ways that are unrelated to the goods or services.
• Suggestive marks like GREYOUND for bus services hint at qualities of the goods or services without directly describing them.

Avoid:

• Generic terms (e.g., “Coffee” for coffee)
• Descriptive names (e.g., “Cold & Creamy” for ice cream)

Why it matters: Distinctive trademarks are easier to register and defend.  They stand out in the marketplace and signal originality to customers.  Generic and descriptive terms are hard to protect because they use words that belong to everyone.

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2. Unique in the Marketplace

Your trademark should be clearly different from others in your industry.

Best practices:

• Conduct a thorough trademark clearance search in every country where you plan to sell under your trademark.
• Avoid names that are identical to existing trademarks.
• Avoid names that sound or look like existing brands to avoid customer confusion.

Example: A tech startup should steer clear of names like “Microsof” that resemble “Microsoft”—even slightly.

Why it matters: Unique trademarks avoid legal conflicts and customer confusion.  Some brand owners aggressively defend their trademarks and can cause trouble for you if you get too close.

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3. Honest & Not Misleading

Honesty builds trust and keeps your mark compliant trademark registrability requirements.

Best practices:

• Don’t imply false qualities, characteristics, materials used or origins.
• Avoid geographic indications, unless they’re accurate.  This applies to country or city names, regions and sometimes even street names or neighbourhoods!

Example: “Made in Canada Furnishings” is misleading if your furniture is made outside of Canada.

Why it matters: Misleading trademarks can be rejected or invalidated.  A truthful name earns consumer trust and strengthens your brand’s reputation.

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4. Memorable and Clear

A strong trademark is easy to say, spell, and remember.

Best practices:

• Keep it short and simple (e.g., Nike, Twitter)
• Use clear sounds or visuals
• Add personality or imagery that sticks

Avoid:

• Generic names like “Quality Tech Services”
• Overly complex names or acronyms

Why it matters: Memorable trademarks help customers recall your brand and distinguish it from those of others in the marketplace.

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5. Legally Protectable

A strong trademark is one you can register and enforce.

Best practices:

• Avoid using only surnames, generic terms, or deceptive claims
• Register your trademark with CIPO for nationwide rights
• Consider international protection through treaties like the Madrid Protocol

Why it matters: Registered trademarks are 50% more likely to succeed in infringement cases. They give you exclusive rights and a legal foundation to grow your brand confidently.

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Final Thoughts

A strong trademark is more than a name—it’s a business asset. By making your trademark distinctive, unique, honest, memorable, and legally protectable, you set your brand up for long-term success.  Whether you’re launching a new product or rebranding an existing one, take the time to build a trademark that works for you.

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For more trademark tips and IP insights, visit our Knowledge Center for practical resources tailored to Canadian businesses.

Updated August 2025