A trade-mark is a name, symbol, or slogan which identifies or distinguishes a business or a product from the businesses or products of others. A distinctive sound, design, shape or colour may be a trade-mark as well if it distinguishes the business or product in association with which it is used from the business or products of others.

Rights arise in a trade mark in Canada as soon as it is used in association with wares or services. A person who uses a trade-mark to distinguish his wares or services from the wares or services of others has the right pursuant to the common-law action for passing-off to prevent subsequent use of the same or a confusingly similar trade-mark in the hands of others for similar wares and/or services. Without registration of that trade-mark, however, such protection is limited by law to the geographic area in which there can be said to be "reputation" in the trade-mark. Only registration under the Trade-marks Act, however, gives a trade-mark owner the full protection available by law.