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Required Information
The Canadian Trademarks Office accepts trademark applications signed by a qualified Canadian practitioner on behalf of an applicant. Upon receipt of the client's instructions, we can prepare and file the application without troubling the applicant to sign any application papers.
To prepare a Canadian trademark application, the following information is required:
The full name and post office address of the applicant, including the jurisdiction of incorporation (provincial or federal, or foreign country or state), if the applicant is a corporation, and the names of the partners, if the applicant is a partnership.
An identification of the trademark, and if the trademark is not to be registered merely as a word or combination of words, we also need a picture, drawing or specimen of the trademark.
If the applicant's rights derive from some other person, the names of all predecessors-in-title, and complete particulars of use of the trademark by the predecessors-in-title, and details of the assignment or other transfer of title to the applicant.
Confirmation of any use of the trademark in Canada, and if used, the date that the mark was first used in Canada in association with the sale or transfer in possession of the wares, or used or displayed in association with the performance or advertising of services. Please provide us with a description of the manner in which, and the place where, the trademark was first used, and send us several (at least four) specimens of use (e.g. labels that are affixed to the wares at the time of sale, or packages in which the wares are sold, or, in the case of a service mark, sample advertising material). The foregoing materials are not required if the application is based upon an intention to use the trademark.
A list in ordinary commercial terminology of the wares and/or services to which the mark has been or is to be applied. For example, the simple designation "chemical products" will not be accepted by the Trademarks Office because it is too broad. A more specific listing of the products that make up the generic class is required.
In the case of a foreign applicant, the country, registration or application dates, and listing of wares and/or services of any earlier trademark registration or application obtained or filed in the applicant's home country.
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, and copies of all documentation, such as licences or the like, authorizing such use.
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