What is the test for a "clearly descriptive" or "coined" phrase on a Pizza Pizza logo?
Canada (Federal), Canada
The following excerpt is from Candrug Health Solutions Inc. v. Thorkelson, 2007 FC 411 (CanLII):
The mark as a whole must be considered. Although individual words might be clearly descriptive, the mark as a whole may not be objectionable if the mark comprises words that do not go together in a natural way. A unique combination of individually descriptive words may be considered a “coined” phrase, and found to be registrable (Pizza Pizza v. Registrar of Trade Marks (1982), 67 C.P.R. (2d) 202 (F.C.T.D.)). “Clearly Descriptive”
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