What is trademark confusion? A trademark exists to identify the source of products and services to customers. Trademark confusion, then, occurs where a customer would be likely to confuse the source of particular products or services with another source – for example, by assuming that someone’s products and services are actually provided by someone else. Section 6 of the Trade-marks Act says that trademark confusion occurs where “both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same.

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Trademarks are registered with the Canadian Intellectual Property Office (“CIPO”). On CIPO’s website (http://www.cipo.ic.gc.ca/), it suggests that you before applying, prospective applicants take the following two steps: (1) consult CIPO’s Guide to Trademarks and (2) consult their guide to the trademarks application process. This fact sheet will summarize the details of the aforementioned two steps. Guide to Trademarks To register a trademark, one must first understand what a trademark is. As per CIPO’s website, “trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those.

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