Functionality in Canadian trademark law information
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Under Canadian trade-mark law, the "doctrine of functionality" provides that features that are primarily functional in nature cannot be registered as trade-marks.[1] The doctrine of functionality reflects the purpose of trade-mark, which is the protection of the distinctiveness of the wares and services associated with a trade-mark.[2] Unlike patents, trade-marks do not protect the utilitarian features of products.[3] The doctrine of functionality is reflected in section 13(2) of the "Trade-marks Act", which provides that: "No registration of a distinguishing guise interferes with the use of any utilitarian feature embodied in the distinguishing guise".[4] On the basis of functionality, courts have denied trade-mark protection for such features as the pattern of knobs on LEGO blocks[5] and the shape of the head of an electric razor.[6]
^Kirkbi AG v. Ritvik Holdings Inc., [2005] 3 S.C.R. 302 at para. 42.
^Kirkbi AG v. Ritvik Holdings Inc., [2005] 3 S.C.R. 302 at para. 42.
^Kirkbi AG v. Ritvik Holdings Inc., [2005] 3 S.C.R. 302 at para. 43.
^Trade-marks Act, R.S.C. 1985, c. T-13, s. 13(2).
^Kirkbi AG v. Ritvik Holdings Inc., [2005] 3 S.C.R. 302.
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