Under the Trade Mark Act, a trade mark will be refused registration if:

  • It is not a sign that can be represented graphically
  • It consists exclusively of a shape which results from the nature of the goods, or which is necessary to obtain a technical result, or which gives substantial value to the goods
  • It is deceptive
  • It is contrary contrary to public policy or to accepted principles of morality
  • It is a specially protected emblem
  • The application is being made in bad faith
  • The use of the mark is prohibited by a rule of law

Additionally, it will be refused if any of the following criteria applies, and it has not acquired distinctiveness through use in the marketplace:

  • It is devoid of distinctive character
  • It consists exclusively of signs or indications which may designate the kind, quality, quantity […] or other characteristics of the goods or services
  • It consists exclusively of signs or indications which have become customary in the current language or in trade practices.