In order to obtain a trademark filing date in Canada no document need be signed by the applicant. In every case, we as agents can sign all necessary papers required for a filing date.
- Items Needed to Obtain a Filing Date
- identification of the trademark;
- list of wares and/or services (a single application may include wares and/or services of different classes — there is no formal classification in Canada);
- date of first use of the trademark in Canada (if the trademark has been used in Canada), for each general category of wares and services;
- name and address of applicant and name(s) of any predecessor(s)-in-title who used the mark; and,
- particulars sufficient to identify any foreign counterpart registration or application relied upon (optional — see paragraph 2 below).
To obtain a filing date, we can prepare the necessary application and execute it as agents.
- Bases for Application
A Canadian application may be based upon one or more of the following grounds:
- use in Canada (may include use by a named predecessor-in-title);
- registration (or application to register) in applicant’s country of origin, coupled with use anywhere;
- proposed use in Canada by the applicant (not available if the mark has been used in Canada); and,
- proposed use in Canada by a licensee.
- Completion/Formal Drawings/Specimens
There is no statutory time limit for completion, but a completion fee is payable if the application is originally filed incomplete. If the mark is a design, formal drawings must be filed to complete the application. We can arrange to have formal drawings prepared locally on the basis of specimens or prints. No formal drawings are required for word marks (composed of upper case block letters). If the application is based upon registration or application and use in the applicant’s country of origin, a certified copy of the foreign registration must be filed (together with English translation, unless the document is already in French or English) before the application will be advertised.
- Convention Priority
Convention priority must be claimed within six months of the filing date of the earliest priority application. Please provide us with the country, application serial number, and filing date of the first-filed application. We do not require a certified copy of the priority document.
A trademark may be licensed if the trademark owner controls the character or quality of the wares or services with which the licensee uses the trademark. A presumption of appropriate licensing arises if the packaging/labelling/signage for the wares or services includes details of the license and of the trademark owner. But, if the trademark owner does not in fact control the character or quality of the wares or services, then the distinctiveness of the trademark may be prejudiced, rendering the trademark invalid. We recommend review of any licensing or proposed licensing of the trademark to minimize potential prejudice to the trademark.
For more information please contact us.