Archived — Notice — Specific Date of First Use

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Publication Date: 1982-02-10

A further change in Office practice has been effected regarding the naming of a specific date of first use in an application for registration of a trade mark.

This replaces the previous Notice published in the November 11, 1981 issue of the Journal dealing with our practice in this area.

The following sets out the minimum date particulars required according to the time of filing:

  • Filed in current month
    • name the day, month and year
  • Filed in current year but not current month
    • name the month and year
  • Filed in any year prior to current year
    • name the year only

When only the month and year are named, the last day of the month will be regarded as the effective date for the purpose of determining entitlement in cases of confusion. When only the year is named, December 31st of that year will be the determining date.

For the best protection of its own interest the applicant should provide the specific day, month and year if this is available.