What is the difference between a trade-mark and a trade name?
Canada (Federal), Canada
The following excerpt is from Boston Pizza International Inc. v. Boston Chicken Inc., 2001 FCT 1024 (CanLII):
I commence with paragraph 6(5)(a) - the inherent distinctiveness of the trade-marks or trade names and the extent to which they have become known. Neither the applicant's mark, nor that of the respondent is inherently distinctive. I adopt, in that regard, the words of Rouleau J. in Prince Edward Island Mutual Insurance v. Insurance Co. of Prince Edward Island (1999), 86 C.P.R. (3d) 342, where the learned judge states the following at paragraphs 32, 33 and 34:
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