Sound marks registration, trade-marks, copyright
This paper analyses and criticizes Canada’s position on sound marks registration in order to recommend the ways in which Canadian policy-makers could further act in order to advance this area of law. The first part of this paper exposes the fundamental concepts of trade-marks as they are necessary to the comprehension of the problems surrounding the registration of sound marks. In the second part, legal considerations associated with the registration of sound marks are discussed. More specifically, the visual requirement, the issue of “use,” the concept of distinctiveness and the question of overlap with copyright are assessed. In the third part, practical concerns related to the representation of sound marks are addressed and recommendations are made.
Marie-Jeanne Provost, "Canada's Current Position with Respect to Sound Marks Registration: A Need for Change?" (2010) 8:1 CJLT.