Patent trolls have evolved from what seemed at one time almost folklore to now being the subject of statistical and scholarly analysis [fn1] [fn2].
Trademarks often include both textual elements (i.e. words) and design elements (e.g. shapes, graphic elements, etc.). Canadian courts and the Canadian Intellectual Property Office have found that such trademarks are clearly descriptive (and unregistrable under the Trade-marks Act) if they contain a dominant textual element that is clearly descriptive when sounded.