There are many criteria that must be met in order to register a trademark. This list is by no means an exclusive one, but these are the major problems I see, in no particular order:

Formal Requirements: The application must meet the formal requirements with respect to such matters as date of first use, an adequate description of the wares and services, address for service, etc.

Entitlement: There must not be anyone who has a better right to either the exact mark, or to a confusingly similar mark.

Registrable:Among other things, the trademark cannot be

• primarily merely a name;
• “clearly descriptive” or “deceptively misdescriptive” in English or French;
• the name in any other language of the wares or services.

Confusion: The trademark must not be “confusing” with

• a prior registered trademark;
• a trademark previously used or made known in Canada, unless it has been abandoned;
• a pending trademark application for a confusingly similar trademark;
• a trade name that has been previously used in Canada, unless it has been abandoned; or
• an official or prohibited mark.

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