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       Regn No.:               Appn No.:

OR APPLICATION:    Regn Date:         Appn 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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