Compliance with Section 30(a) - Beverages - Telecommunication Equipment and Telecommunication Services

Publication Date: 1998-07-15

In view of Scotch Whisky Association v. Mark Anthony Group Inc. (1990), 31 C.P.R. (3d)55, it is clear that the wares "distilled alcoholic beverages" do not comply with s.30(a) of the Trade-marks Act. Therefore, effective immediately these wares will need to be further specified. The Office will also require more specificity for the wares "distilled spirits" and spirits.

As discussed at the Joint Liaison Committee of April 8, 1998, "telecommunication equipment" and "telecommunication services" are no longer considered sufficiently specific to meet the requirement of paragraph 30(a) of the Trade-marks Act; that an application for the registration of a trade-mark contain a statement in ordinary commercial terms of the specific wares or services in association with which the mark has been or is proposed to be used. Therefore, the Trade-marks Office will, for the purposes of paragraph 30(a), require these wares and services to be specified in greater detail.