CANADIAN TRADEMARK APPLICATION FILING INSTRUCTIONS
Please refer to detailed instructions for an
explanation for each category identified by letter below:
(A)
TO: BARRIGAR
INTELLECTUAL PROPERTY LAW
[Which office? Please select one.]
(B)
FROM: Your address
(C)
Your File No:
(D)
Name and post
office address of applicant:
(E)
Jurisdiction of
incorporation, if corporate applicant:
(F)
Trademark:
[Word(s)? Or Design? If latter, provide artwork.]
(G)
DATE OF FIRST
USE IN CANADA (goods):
ANY USE IN
COUNTRY OF ORIGIN (goods)?:
DATE OF FIRST
USE IN CANADA (services):
ANY USE IN
COUNTRY OF ORIGIN (services)?:
FOREIGN Country:
REGISTRATION Reg‘n No.: App‘n No.:
OR APPLICATION: Reg‘n Date: App‘n Date:
CONVENTION
PRIORITY: Country:
Serial No.:
Filing Date:
(H)
Wares:
(I)
Services:
[Which of above wares and services sold under TM in
Canada? Which sold in home
country? Which the subject of a foreign
application or registration? Which to
be based upon an intention to use the mark in Canada? Which sold or to be sold under licence in Canada?]
(J)
Identity of an
entity other than or in addition to the applicant who has been using the
trademark or that will use the trademark:
Other
instructions or remarks:
DETAILED TRADEMARK INSTRUCTIONS
(A)
Please send instructions to the office of your choice,
and if you wish, to the individual practitioner of your choice:
Addresses for offices: Personnel
in respective offices:
Barrigar
Intellectual Property Law
Suite 2000, 777
Hornby Street
Vancouver, BC
V6Z 1S4
Facsimile: (604) 689-9265
Phone: (604) 689-9255
Barrigar
Intellectual Property Law
Suite 201, 1007
Fort Street
Victoria, BC
V8V 3K5
Facsimile: (250)
389-2659
Phone: (250)
389-0387
(B)
Please include your full address, your telephone and
fax numbers, and your e-mail address if you wish us to communicate by e-mail.
(C)
Please include your file reference.
(D)
Please include full name and post office address of
the applicant. Please provide street
addresses; do not merely state post office box numbers. If the applicant is a partnership, please
also list the names of the partners and the business name of the partnership.
(E)
Please provide the jurisdiction of incorporation of a
corporate applicant (provincial, federal, foreign country or state).
(F)
Please provide an identification of the
trademark. If the trademark is not to
be registered merely as a work or combination of words in ordinary block
letters, please include camera-ready artwork.
Please provide a specimen if readily available; if not, please forward
later. Please provide a colour
description if colour is to be claimed as a distinctive feature of the mark.
(G)
Please provide confirmation of any use of the
trademark in Canada, and if used, the date that the mark was first used in
Canada with the sale or transfer of the wares, or first displayed in
association with the performance or advertising of services.
In the case of a foreign applicant, please state also
the country, registration or application dates and numbers, and the list of
wares and/or services of any earlier trademark registration or application
obtained or filed in the applicant's home country, and confirm whether or not
the mark has gone into use in the home country or elsewhere.
(H) and (I)
Please list in ordinary commercial terminology the
wares and/or services to which the mark has been or is to be applied. Do not merely identify international
classes. For example, the simple
designation "chemical products" will not be accepted by the
Trademarks Office because it is too broad, but Adyes, detergents and cleaning solvents’ would be acceptable.
However, an overly broad listing of the wares or services will not
interfere with obtaining a filing date; any such problem can be corrected later
by amendment.
Both as to (H) and (I), please advise: Which of the
listed wares and services have been sold under the trademark in Canada? Which have been so sold in the applicant’s
home country? Which have been the
subject of a foreign application or registration? Which are to be based upon an intention to use the trademark in
Canada? Which have been sold or are to
be sold under licence in Canada?
(J)
If the trademark has been or will be used by any
entity other than or in addition to the applicant (even a subsidiary or other
closely related company), complete particulars of such use. If available, please provide copies of all
documentation, such as licences or the like, authorizing such use - send later
if need be.
When the form has been completed, please fax, e-mail
or mail the trademark instructions together with any accompanying materials to
a Barrigar Intellectual Property Law office designated above. Please note that e-mail despatch is not
secure; we can advise as to choice of encryption techniques upon request.
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