The Wares and Services Manual: User Guide
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2. Wares

Wares are listed in alphabetical order and there is an explanatory legend on the search results page. Notes are indicated for some wares where revisions have been made to the original entry, or further explanations are provided.

Wares shown in bold are acceptable without further specification. Wares shown in italics are not acceptable and are accompanied with a hyper-link to instructions on how to describe the unacceptable wares in specific ordinary commercial terms.

2.1 Context serves to specify otherwise Unacceptable Wares

In some cases, the context may serve to specify an otherwise unacceptable identification of wares. In other words, a description of wares listed as unacceptable in the Manual, but that can be understood as being sufficiently specific when read in the context of the entire statement of wares, may be acceptable. For example, "cases" alone are not acceptable as they could include any type of "cases" from camera cases to pillowcases. However, in an application for "cameras, tripods, and cases," the wares "cases" would be acceptable as it is clear from the context that the "cases" would be restricted to camera cases. Similarly, "carriers" alone are not acceptable as they could include any type of "carriers" from bicycle carriers to pet carriers. However, in an application for "pet beds and carriers," the wares "carriers" would be acceptable, as it is clear from the context that the "carriers" would be restricted to pet carriers.

NOTE: Wares which are separated by semi-colons (;) are generally considered to stand on their own and therefore must meet the requirements of paragraph 30(a) of the Trade-marks Act without regard to the other wares listed.

2.2 Indefinite Terms

The statement of wares must be specific and avoid indefinite words and phrases. As a general rule, the following indefinite terms cannot be used to specify wares which do not comply with paragraph 30(a) of the Trade-marks Act: "and the like", "and similar goods", "including", "related to", "related wares" and "etc.",. Such terms are generally only acceptable when they follow specific wares.

For example, since "fruits and vegetables" is specific, "fruits and vegetables including apples, pears and carrots" would also be acceptable. Similarly, since "casual clothing" is specific, "casual clothing including pants, dresses and shorts" would also be acceptable. However, "clothing related to pants, dresses and shorts" would not be acceptable as clothing alone is not considered to be specific having regard to paragraph 30(a) of the Trade-marks Act.

In some circumstances, indefinite terms can be used in a statement of wares if they are used to provide further specification which is not essential to determining the specific nature of the wares. For example, "roller-type lint remover for use in removing foreign particles from clothing, furniture, upholstery and the like" is acceptable since the wares have already been specifically defined as being for "removing foreign particles from clothing, furniture, upholstery" and the indefinite term "and the like" merely indicates other similar uses.

2.3 Terms for Specifying Wares

2.3.1 "Namely" "Consisting of" or "Specifically"

Wares that require further specification can be described using the definite terms "namely", "consisting of" or, "specifically” to introduce a list of specific types of those wares. For example, "alarms", which alone is not acceptable, can be further specified by using the definite term "namely" to list the type of alarms, e.g., "alarms, namely fire, car, and burglar". However, applicants should list the wares separately using their specific ordinary commercial terms, e.g., "fire alarms", "car alarms" and "burglar alarms".

Another example would be "frames," which alone is not acceptable and which can be further specified by using the definite term "consisting of", to list the type of frames e.g., "frames, consisting of door frames", "frames, consisting of eyeglass frames". However, applicants should list the wares separately using their specific ordinary commercial terms, e.g., "door frames", "eyeglass frames".

2.3.2 "In the nature of" "Such as" "Comprising" "Containing" "In particular" "Particularly"

As a general rule, these terms may be acceptable in a statement of wares where the kind, sort or type of wares have been provided and the wares following any of these terms are considered to comply with paragraph 30(a) of the Trade-marks Act.

Wares described as "clothing in the nature of pants" or "clothing such as casual wear" or "clothing in particular pants" are acceptable since they are understood to be limited to "pants" or "casual wear", both of which are listed as acceptable in the Wares and Services Manual.

However, the wares "clothing in the nature of cotton" or "clothing such as outerwear" would not be deemed acceptable since the specific kind, sort or type of clothing has not been provided.

Wares stated as "gift baskets containing cheese, bread and prepared meats" or "sports gear comprising helmets, gloves, knee and elbow pads" are understood to be limited to the wares listed after "containing" or "comprising" which comply with paragraph 30(a) of the Trade-marks Act.

However, "electrical systems comprising modules" would not be acceptable since "modules" are not considered to be ordinary commercial terms nor are they specific wares.

2.3.3 "Featuring"

As a general rule, the term "featuring" will only be acceptable when it follows specific wares.

For example, since "fruits and vegetables" is specific, "fruits and vegetables featuring apples, pears and carrots" would also be acceptable as it is considered to comply with paragraph 30(a) of the Trade-marks Act.  Similarly, since "casual clothing" is specific, "casual clothing featuring pants, dresses and shorts" would also be acceptable.

However, "clothing featuring pants, dresses and shorts" would not be acceptable as clothing alone is not considered to be specific having regard to paragraph 30(a) of the Trade-marks Act.

As well, the term "featuring" may be used where the applicant must indicate the specific contents or field of interest (e.g., books, computer games, movies, music, photos, etc.,) of CDs, DVDs, optical, floppy or other types of discs. For example, compact discs featuring topics of instruction in astronomy" and "digital videodiscs featuring computer games" are considered acceptable.

2.4 Specific Circumstances

2.4.1 Parts and Fittings

In general, "parts" and "fittings" are acceptable if the specific ware for which the "parts" and "fittings" is intended is provided and is acceptable pursuant to paragraph 30(a) of the Trade-marks Act. For example, "automobile parts" and "dish washer fittings" would be acceptable since "automobiles" and dish washers" are each considered to be acceptable on their own, as they are specific ordinary commercial terms.

2.4.2 Accessories

As a general rule, wares including the term "accessories" such as "automobile accessories" "fishing accessories" "pet accessories" or "computers and accessories" are not considered acceptable without further specification, since "accessories" in this context can include different types of wares with different channels of trade, which are not necessarily sold in close proximity.

"Automobile accessories" for example, could reasonably include everything from air deodorizers to first-aid kits to portable televisions. Similarly, "fishing accessories" could include a broad range of wares such as flashlights, insect repellent, and weighing scales. Likewise, the wares "pet accessories" could include such wares as heat lamps, car seat covers, and vitamins. "Computers and accessories" for example could include such wares as footrests, screen cleaning wipes, and mouse pads.

In rare circumstances, wares including the term "accessories" without further specification may be acceptable if the following three criteria are met: i) the accessories are reasonably understood in the trade to be a recognized set of items, ii) with the same channels of trade, and iii) which are typically sold in close proximity.

One example would be "hair accessories," as the accessories are confined to wares such as barrettes, clips, and side combs, which are understood in the trade as a recognized set of items, with the same channels of trade, and which are typically sold in close proximity. Another example would be "action figures and accessories" as the accessories are understood in the trade to be a recognized set of items and are often sold together in the same package.

2.4.3 Equipment

As a general rule, wares including the term "equipment" such as "fishing equipment" "tennis equipment" "laboratory equipment" or "telecommunications equipment" are not acceptable without further specification, since "equipment" in this context can encompass different types of wares, with different channels of trade, which are not necessarily sold in close proximity to each other.

"Fishing equipment" for example, could reasonably include everything from commercial fishing nets to fly fishing tackle to specialized clothing for fishing. Similarly, "tennis equipment" could include a broad range of wares such as tennis racquets and tennis balls, specialized court shoes and clothing, and tennis court equipment. "Laboratory equipment" for example, could include everything from test tubes to analytical equipment, such as mass spectrometers and electron microscopes as well as their specialized software. "Telecommunications equipment" could include everything from end user items such as fax machines and two-way radios, to wares that support telecommunications delivery such as communication towers and fibre optic cable.

In rare circumstances, wares including the term "equipment" without further specification may be acceptable, if the function or the area of use of the equipment can be reasonably understood to be very narrow. One example would be "hedge trimming equipment" as hedge trimming is clearly understood as a singular activity (that of trimming hedges), and the equipment confines itself to manual or power operated cutting tools for trimming hedges. Another example would be "hair cutting equipment" as hair cutting is clearly understood as a singular activity (that of cutting hair), and the equipment confines itself to manual or power operated tools for cutting hair.

2.4.4 Apparatus

As a general rule, wares including the term "apparatus" such as "teaching apparatus" "breathing apparatus" "massage apparatus" or "measuring apparatus" will not be acceptable without further specification since "apparatus" in this context can encompass different types of wares, with different channels of trade, and which are not necessarily sold in close proximity to each other.

"Teaching apparatus" for example, could reasonably include everything from computer software, to notebooks, to videotapes. Similarly, "breathing apparatus" could include everything from self-contained re-breathers for divers to disposable bag valve masks. "Massage apparatus" for example, could include everything from massage tables to gum massagers. "Measuring apparatus" could include everything from blood pressure monitors to balloon-borne cloud condensation nucleus counters.

In rare circumstances, wares including the term "apparatus" without further specification may be acceptable if the function or area of use of the apparatus can be reasonably understood to be very narrow. One example would be "blood pressure measuring apparatus" which are understood in the trade to refer to a limited set of items in the medical field such as electronic digital monitors or a cuff and separate stethoscope. Another example would be "anaesthetic delivery apparatus" which are understood in the trade to refer to a limited set of items in the medical field such as the anaesthetic machine, vaporizers, ventilators, and monitors.

2.4.5 Systems

As a general rule, wares including the term "systems" will not be acceptable without further specification since systems can encompass different types of wares, with different channels of trade, which are not necessarily sold in close proximity to each other.

In rare circumstances, wares including the term "systems" without further specification may be acceptable if the system is reasonably understood in the trade to be a recognized set of items that is often sold as one complete unit. One example would be "computer operating systems", which is a software program that enables the computer hardware to communicate and operate with the computer software. Another example would be "suspension systems for motor vehicles" which is the specific ordinary commercial term given to the system of springs, shock absorbers and linkages that connect a motor vehicle to its wheels.

2.4.6 Products

As a general rule, wares including the term "products" are not considered to be specific without further description. The word "products" can include different types of wares, with different channels of trade, which are not necessarily sold in close proximity to each other. For example, the wares "hair care products" are not considered to be specific since they include not only hair care preparations but also equipment for hair care, such as brushes, curlers, curling irons and hair dryers.

However, in rare circumstances, a ware including the term "products" without further specification may be considered to be specific if the ware is a specific ordinary commercial term on its own. For example, the wares "dairy products" are considered to be specific since "dairy products" is an ordinary commercial term for foodstuffs produced from milk, and are sold through the same channels of trade in close proximity to each other.

2.4.7 Computer Software

An identification of "computer software" will not be acceptable without further specification. The specific function of the computer software must be provided and, if the area of use is not obvious from the function of the computer software, the specific area of use should also be provided. Acceptable entries for computer software can be found in the Manual.

2.4.8 Discs and other Pre-recorded Media

The wares "pre-recorded discs" are not considered to be specific pursuant to paragraph 30(a) of the Trade-marks Act. The specific format of the discs must be described, e.g., "audio compact", "laser ", "optical ", "compact ", "digital versatile", "digital videodiscs", "floppy" and "hard", "CD's", "DVD's", and "CD-ROM's". The specific content of the discs must also be described, e.g., books, movies, music, photos, language instruction, computer games.

The content may also be specified by indicating the specific field of interest, followed by the words "containing topics" "featuring topics" or "containing information", e.g., "featuring topics related to the game of baseball", "containing topics of instruction in astronomy", "containing information in the field of trademarks", "containing information in the field of art history". However, "topics in the field of consulting" is not considered to be a specific field of interest since "consulting" is a general term that encompasses a wide variety of topics. Similarly, "in the field of business consulting" is not considered to be a specific field of interest since "business consulting" is a general term that encompasses a wide variety of professions or expertise.

If the content of the discs is described by indicating only a specific field of interest, it is understood that the primary purpose of the discs is to provide information. While the discs may include various audio-visual components, the Office considers that the discs do not contain software nor do they contain books, computer games, movies, music etc., unless the applicant explicitly states that they do.

NOTE: The wares "pre-recorded audiotapes", "pre-recorded videotapes", "pre-recorded videocassettes", "pre-recorded audio cassettes", "audio tape recordings" and "video tape recordings" are considered to indicate a specific format and specific content since the nature of the media limits the content to solely magnetic recordings of sounds and visual images and are therefore acceptable as indicated.

2.4.8.1 Blank Magnetic Data Carriers and Pre-recorded Magnetic Data Carriers

The wares "blank magnetic data carriers" are not considered to be specific pursuant to paragraph 30(a) of the Trade-marks Act. The specific format of the "blank magnetic data carriers" must be described, e.g., "floppy discs", "hard discs", "plastic cards with a magnetic strip".

The wares "pre-recorded magnetic data carriers", are not considered to be specific pursuant to paragraph 30(a) of the Trade-marks Act. The specific format of the pre-recorded magnetic data carriers", must be described, e.g., "floppy discs", "hard discs", ‘identification cards with embedded chips", "plastic key with circuitry". The specific content of the pre-recorded magnetic data carriers must also be described, e.g., hotel room key cards, phone cards, etc. If the pre-recorded magnetic data carriers contain computer software the function of the software must be provided and, if the area of use is not obvious from the function of the computer software, the area of use should also be provided .

2.4.9 Intangibles

Intangibles such as "Web sites", "electricity", "domain names", "steam", "natural gas" and "waste gas" are normally considered services and are listed in the Manual under the following entries: "website design", "web hosting", "utility services transmission of electricity and natural gas", "energy recycling services that capture and converts wasted energy into electricity and useful steam", "utility services generation and distribution of electricity and natural gas", "selling domain names", "domain name registration", and "waste gas treatment services". Where an application lists such intangibles in the statement of wares, and it appears that the applicant may actually be offering a service, the examiner will so advise the applicant. The application cannot proceed with intangibles such as the ones listed above as wares.

2.4.10 Device

As a general rule, the word "device" should not be used to describe an article that has an ordinary commercial term. However, in rare circumstances if there is no ordinary commercial term for the applied for wares, the term "device" may be acceptable if the field and function is provided.

The statement of wares or services must make it possible for the examiner to assess whether the mark is clearly descriptive or deceptively misdescriptive, or confusing with another mark. For example, the following would be acceptable:

  • "A medical device for the qualitative detection of antibodies in human specimens collected as plasma or dried blood spots" and
  • "An electronic medical device implanted in the eye to help restore vision"

If it is certain that the wares have an ordinary commercial term, then the examiner will maintain the paragraph 30(a) objection.

2.4.11 Postal stamps and postage stamps

Postal stamps and postage stamps are acceptable within the meaning of paragraph 30(a) of the Trade-marks Act. However, the Canada Post Corporation Act prohibits the use of postal and postage stamps without the written consent of the Canada Post Corporation. Trademark applications that describe wares as postal stamps and postage stamps will be questioned pursuant to paragraph 30(i) of the Trade-marks Act on the basis that the applicant cannot be satisfied that they are entitled to use the trademark in Canada in association with the wares postal stamps and postage stamps.

The objection can be overcome upon receipt of written conformation from the applicant that it has been authorized by the Canada Post Corporation to use the trademark in association with the applied for wares since this authorization would allow the applicant to be satisfied that they are entitled to use the trademark in Canada in association with the wares described in the application pursuant to paragraph 30(i) of the Trade-marks Act.

2.5 Pharmaceutical Preparations

The wares "pharmaceutical preparations" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act. The fundamental principles for determining the acceptability of wares and services (described in 1. General) apply equally to pharmaceuticals, and consist of the ability to:

  1. Assess whether paragraph 12(1)(b) of the Trade-marks Act applies;
  2. Assess confusion with another mark; and
  3. Assess whether accepting the pharmaceutical preparations as described will grant the applicant an unreasonably wide range of protection.

In addition to these principles, the Office of the Registrar, for the purposes of paragraph 30(a), requires "pharmaceutical preparations" to be specified in greater detail by either:

  1. Naming the disease; or
  2. Specifying the disease group or type of disease, disorder or condition to be treated; or
  3. By indicating the specific type of medication.

2.5.1 Veterinary Pharmaceutical Preparations

The wares "veterinary pharmaceuticals" or "veterinary preparations" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act.

The same principles used in the examination of pharmaceutical preparations (as set out above) apply to the examination of veterinary pharmaceuticals; however, the differences between veterinary medicine and treatment of conditions, disorders and diseases in humans must be taken into account. In this respect it should be noted that much of veterinary medicine is divided into areas relating to specific animals or groups of animals, and often relates to the prevention rather than treatment of disease.

2.5.2 Botanicals, Homeopathic Remedies, Herbal Supplements, Nutraceuticals, Dietary Supplements, Food Supplements, Nutritional Supplements, Herbs for medicinal purposes, Herbal Beverages for medicinal purposes, Botanical Extracts, Plant Extracts, Herbal Remedies, Functional Foods, Enhanced water and Nutritionally enhanced water.

The wares "botanicals", "homeopathic remedies", "herbal supplements", "nutraceuticals", "dietary supplements", "food supplements", "nutritional supplements", "herbs for medicinal purposes", "herbal beverages for medicinal purposes" ,"botanical extracts", "plant extracts", "herbal remedies", "functional foods", "enhanced water" and "nutritionally enhanced water" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act, which requires that an application for the registration of a trademark contain a statement in ordinary commercial terms of the specific wares or services with which the mark has been used or is proposed to be used.

The Office of the Registrar, for the purposes of paragraph 30(a), requires "botanicals", "homeopathic remedies", "herbal supplements", "nutraceuticals", "dietary supplements", "food supplements", "nutritional supplements", " herbs for medicinal purposes", "herbal beverages for medicinal purposes", "botanical extracts", "plant extracts", "herbal remedies", "functional foods", "enhanced water" and "nutritionally enhanced water" to be specified in greater detail by either:

  1. Naming the disease; arthritis, asthma, cancer; or
  2. Specifying the disease group or type of disease, disorder, or condition to be treated, e.g., cardiovascular diseases, mood disorders, for building body mass, for promoting weight loss; or
  3. By indicating the specific type of products, e.g., kava root, witch hazel, black cohosh, evening primrose oil, meal replacement bars, minerals, calcium-enriched fruit juice, bread containing psyllium, protein-enriched milk, vitamins, flaxseed oil.

The examination of these types of wares will apply the same principles as the examination of pharmaceutical preparations described in section 2.5 of this user guide.

2.5.3 Medicated preparations

Wares including the term "medicated" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act. The examination of these types of wares will apply the same principles as the examination of pharmaceutical preparations described in section 2.5 of this user guide.

2.6 Common Usage of Wares

In some instances a ware is listed by itself, e.g., "pillows", but may also form part of another entry, e.g., "eye pillows" or "cervical pillows". Where an entry is not further specified, it is considered to indicate the common meaning of the ware as it would be understood by the average person. Therefore, the entry "pillows" is considered to mean pillows for beds or furniture and the applicant's protection would extend to those types of pillows alone. Other types of pillows that are not used for beds or furniture are listed under separate entries, e.g., "eye pillows" or "cervical pillows", and can be found using the search function. These entries are further indicated by the Notes feature on the search results page.


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