Canadian Trade-marks Database - Help

Trade-marks Database and Vienna Classification (Effective June 7, 2010)

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This help file contains the following sections:

Contents of the Database

This version of the Canadian Trade-marks Database is comprised of all active and many inactive marks that were either applied for or registered pursuant to the current Trade-marks Act or former trade-mark legislation. The database also includes all trade-marks that were cancelled, expunged, abandoned or refused after 1979, and some marks that were cancelled, expunged, abandoned or refused prior to 1979.

The database also includes additional words and designs that are not by definition trade-marks, but that are protected by the Trade-marks Act or other related legislation. These are prohibited marks for which public notice has been given pursuant to section 9 of the Trade-marks Act. Also included are plant variety denominations granted pursuant to the Plant Breeders' Rights Act, the symbols and badges of the Canadian General Council of the Boy Scouts Association, the Canadian Council of the Girl Guides Association and marks of the Royal Canadian Legion. Furthermore, geographical indications for wines and spirits that have been entered on the list or for which protection has been sought are also part of the database.

If you would like to obtain information on what constitutes a registrable trade-mark, please consult our Guide to Trade-marks. You may also consult the Trade-marks Act and the Trade-marks Regulations.

How to do a Search

Searching this database is accomplished by entering various search criteria (a word or string of characters) in the "Search text" boxes and selecting a field, a type of document, status and in some cases actions for a given time frame. If desired, several search criteria can be combined using boolean operators (and, or, but not). Your query can also include wildcards like an asterisk (*) for a string of characters or a question mark (?) for a single character for more flexibility.

The searching algorithm uses boolean logic and ranks results based on the hit count or the number of times individual words or search criteria appear in the selected field(s).

Enter search text

Enter your search criteria ( a word, words, numbers, characters or combination thereof) in at least one of the "search text" boxes. The search engine is case insensitive, meaning that upper and lower case letters have no bearing on the search results, nor do French characters. Generally, trade-marks which consist of words only are all written in capital letters.

Select search field

Select one of the 15 "fields" for searching from the window on the right (application number, registration number, current owner name, old owner name, old and current owner name, trade-mark, trade-mark description, foreign character translation, index heading, wares, services, wares and services, disclaimer, Vienna code, Vienna description and trade-mark lookup). The subsequent lines of the "search text" boxes can be left blank, if desired.

Each of the fields corresponds to a specific element of information on the trade-mark. The field to be queried depends on the type of information that you are looking for and your search criteria. See the section entitled Searchable fields.

When searching for a trade-mark, it is recommended that you leave the field at the default setting of "trade-mark lookup" which searches trade-mark, trade-mark description, and foreign character translation.

Combining Queries

A search can consist of up to five criteria in the "search text" boxes in five different fields. This type of search is accomplished through the use of boolean operators (AND, OR, BUT NOT) to combine several criteria, refine a search and obtain more specific or relevant results.

The operator AND ensures that both search criteria are present in the resulting documents, the operator OR ensures that at least one of the search criteria is present in the resulting documents and the operator BUT NOT is used to exclude words or phrases from a query.

For example, the query "red AND apple" will locate documents containing both these words in the selected field(s), "red OR apple" will locate all documents containing at least one of these words in the selected field(s). And the query "red BUT NOT apple" will locate documents that contain the word "red" but will exclude all documents containing the word "apple" in the selected field(s).

Capital/Small Letters, Accents and Special Characters

The search engine is case and accent insensitive. For example, a search for the word "ete" would find the words "Été","été" or "ETE".

The search engine is programmed to ignore punctuation except for the punctuation &, @, $, %, ^, <, +, #, | and ~. Punctuation is replaced by a space. For example, a search for the word "on-line" would find the words "on line", "on-line" and "On Line". A search for "@com" would find the words "@com", "@Com" or "@COM".

Truncation and Wildcard Characters

Truncation and wildcard characters add flexibility to your searches. The search engine is designed to recognize the asterisk (*) and the question mark (?) as wildcard indicators. You can use these special characters to broaden your searches using either the multiple or single character wildcard.

Wildcards are useful for searching truncation and word stems (e.g. pharm* to retrieve pharmacy, Pharmaceuticals, etc.) or variant spellings (e.g. organi?ation to retrieve organization or organisation).

  1. Multiple character wildcard
    Substitute (*) for a sequence of zero or more characters (e.g. to search for pharmacy and pharmaceutical, use "pharm*").
  2. Single character wildcard
    Substitute (?) for a single wildcard character (e.g. "organi?ation" will match different spellings: "organization" or "organisation").
  3. Wildcards in multiple terms
    Wildcards can be used in multiple search terms (e.g. Canad* Gov*).
  4. Wildcards in front of characters string
    Wildcards can also be used in front of a character string (e.g. *national will match different terms such as National, International). Using this search method may not perform as well as if you were searching with a character string followed by a wildcard character.

Select type of trade-mark

After the "search text" and "field" search criteria have been entered, select the type of mark documents in the "type of trade-mark" window. You can choose from:

  • "all" which searches all of the following "types";
    • "trade-marks" including certification marks, distinguishing guise, specific mark, standardization mark or union label;
    • certification marks;
    • distinguishing guise;
    • geographical indications;
    • denominations;
    • "section 9 marks" consisting of official mark, prohibited mark, flag, official sign or hallmark, armorial bearing, abbreviation of name, name, emblem, arms, crest or emblem;
    • "other marks" consisting of marks protected by federal act of incorporation or mark protected by an Act respecting the Royal Canadian Legion.

Please see the section Types of Mark Documents for more details in this regard.

Select status of trade-mark

Search the current status of the trade-mark documents using the "status of trade-marks" window. You can choose from all, all active, pending, registered, all inactive. For a general search use the "all" status. Use "all active" to exclude abandoned and expunged marks.

The "pending" and "registered" status are specific and limit your search results. Please see the section Trade-mark Status for more details.

Select one action or select "All"

You may restrict your search by selecting an "action" (filed, advertised, registered or inactivated trade-marks) within a specified date range. Enter the appropriate start and end dates if you are interested in a specific range. If you do not wish to restrict your search by selecting an "action", select "all" from the drop-down menu.

Please note that if you modify the default date selection, you must specify an action other than "All"; otherwise, your search results will be invalid.

The advertised date signifies:

  • the date a trade-mark is advertised in the Trade-marks Journal;
  • the date public notice is given in the Trade-marks Journal under section 9 of the Trade-marks Act;
  • the date that plant variety denominations are advertised in the Agriculture and Agri-Food Canada's Plant Varieties Journal; and
  • the date that geographical indications for wines and spirits have been published in the Canada Gazette.

The registered date signifies:

  • the date a trade-mark is registered;
  • Agriculture and Agri-Food Canada's grant date for plant variety denominations;
  • the date that geographical indications for wines and spirits have been entered on the list; and
  • the date that Royal Canadian Legion marks are granted protection pursuant to an Act respecting the Royal Canadian Legion.

Select the number of documents to be returned

You can limit the number of hits or results that the search will produce to the maximum indicated. By default, the maximum documents to be returned is 500. The results are ranked based on the hit count which is the number of times individual query words or search criteria appear in the selected field(s).

A hit count equal to the maximum number selected means other relevant documents may not have been picked up. To obtain all relevant documents, you should increase the maximum limit or adjust your search criteria.

Select the number of documents per page

By default, the maximum results per list is 10 documents. This option lets you define the maximum number of documents displayed per list.

The results are ranked based on the hit count. Hit count refers to the number of times individual query words or search criteria appear in the selected field(s).

Add Vienna Codes

The Vienna codes describe figurative elements of the trade-mark designs. The professional trade-mark users can type the codes directly in the five "Search Text" boxes and select the search field "Vienna code" or type words from the Vienna codes description and select the field "Vienna Codes Description".

You also can click on the "Vienna Codes" button and select the figurative elements described in the Vienna Codes page. The Figurative Elements of the Vienna Code are grouped by category, division, section and auxiliary. The first step is to select the category by clicking the red arrow. The divisions of the selection will appear and you can select the entire division by clicking the check box or, using the red arrow to expand the division to the section level and select specific sections. You can also expand the section level to the auxiliary level if one exists.

When you select the check box of a division, you select all subsequent levels in sections and auxiliaries. Similarly, when you select the check box of a section, you will select the entire auxiliaries of this Section.

You can select as many divisions, sections or auxiliaries as you need. The search engine will attach the operator "OR" between each selection of division and section. When you select an auxiliary, the search engine will attach the operator "AND" between the auxiliary and the section, however the section and its auxiliary will be attached with the other selections by the operator "OR".

The "Clear Selection" button will reset the Vienna codes page. When your selections are completed, you can decide to execute the "Search" button or you can return to the main trade-marks Search page by clicking the "Back to search" button.

If you have difficulty to navigate in the Vienna codes page, you can click the "text version" link. The text version page provides the entire Vienna codes classifications, but this page is for consultation and has no selection facilities. These terms or codes can be added to the search boxes on the Search page.

Executing the Search

Once the search criteria have been entered, use the "Search" button to execute the search. A new search can be conducted by using the "Reset" button which will clear the search criteria and reset the default settings.

Verifying Results

The results or hits of your query are then displayed and may be printed using the "Print" button of your browser. Click on one of the results/lines to view the detailed trade-mark information (application number, registration number and date registered if applicable, current status, current owner, trade-mark, design of the trade-mark if the mark consists of or includes design features, all claims to registration, owner name and address and wares and/or services associated with the trade-mark).

The "Back" button of your browser allows you to return to the list of results and continue verifying results in the same manner.

Search Tips

Confusion

When searching for a trade-mark for the purposes of determining whether or not a confusing trade-mark exists, it is recommended that you also search for phonetic equivalents, synonyms and translations into French or English of the mark that is the subject of the search.

The basic rationale or test for determining whether there is confusion between trade-marks is the following: Would a prospective purchaser upon seeing one trade-mark applied to certain wares and/or services, and seeing another trade-mark on similar wares/services, reasonably assume that the wares and/or services in both cases emanated from the same source? If the answer is yes, confusion probably exists between the two trade-marks.

If the mark that you are searching is comprised of several words, it may be necessary for those words to be searched separately. The section of the Guide to Trade-marks entitled Avoiding confusion could be of assistance in this regard.

Searching design marks is the most complex form of trade-mark searching. Searching design marks may be completed using the Vienna Classification System. The information contained in the "trade-mark" and "trade-mark description" fields can be used to locate trade-marks either consisting of or including design features. This may affect the results of keyword searches.

It is recommended that you use keywords that represent the more obvious design components of a trade-mark in order to locate it. You can also try to use any other available information on the trade-mark (owner's name, wares or services covered, registration number) to locate it. It is recommended that an experienced trade-mark searcher be consulted if a thorough search is required. Consequently, particular vigilance is required in this regard.

Searchable Fields

Application Number:

The number that is assigned to a trade-mark application (also often referred to as TMO number meaning Trade-marks Office number).

Registration Number:

The number that is assigned to a trade-mark when it becomes registered. The number is usually preceded by an abbreviation of the name of the act under which it was registered (ATM for an Act pertaining to Trade-Marks, TMDA for Trade-Marks and Design Act, UCA for Unfair Competition Act, NFLD for Newfoundland Act and TMA for Trade-marks Act), but for the purpose of using this database, only the number is required. In the event that several trade-marks have the same registration numbers but are registered under different acts, the hit list will give you all the trade-marks that have that number.

Current Owner Name:

The name of the latest owner registered with the Trade-marks Office. See also Registrant.

Old Owner Name:

The name of the previous owner registered with the Trade-marks Office.

Old and Current Owner Name:

The name of the previous or the latest owner registered with the Trade-marks Office.

Trade-mark:

The trade-mark itself if it is comprised of words, numerals or letters only, or a description if it is a combination of word and design mark or comprised exclusively of design features.

Trade-mark Description:

A textual description of what the mark consists of, primarily used for marks registered under the Trade-marks and Design Act (TMDA) and the Unfair Competition Act (UCA), and occasionally used for any trade-marks registered pursuant to the Trade-marks Act (TMA) that incorporate design features.

Foreign Character Translation:

In the event that a trade-mark is comprised of foreign characters, a translation and a transliteration of those characters is required in the official language of the application. This field allows you to query the translation/transliteration.

Index Heading:

Index headings identify all word components of the trade-mark.

Wares:

The wares field is comprised of all the wares/goods associated with a trade-mark. When using this field, be mindful that the wares/goods on this database are shown in the official language in which they were submitted. Therefore, it may be necessary to look up the same wares/goods in both official languages (English and French).

Services:

The services field is comprised of all the services associated with a trade-mark. When using this field, be mindful that the services on this database are shown in the official language in which they were submitted. Therefore, it may be necessary to look up the same services in both official languages (English and French).

Wares and Services:

The wares and services field is comprised of all the wares/goods and services associated with a trade-mark. This field is a combination of wares and services fields. When using this field, be mindful that the wares/goods and services on this database are shown in the official language in which they were submitted. Therefore, it may be necessary to look up the same wares/goods and services in both official languages (English and French).

Disclaimer:

Occasionally, it is necessary that an applicant disclaim the right to the exclusive use of one or more unregistrable portions of a trade-mark. This field allows you to query the disclaimed subject matter on the database. However, be mindful that depending on how the disclaimer statement is worded, some trade-marks containing disclaimed matter may not be found. For example, when searching for marks in which the word "Ultra" has been disclaimed, and you input the word "Ultra" in this field, you will find trade-marks for which the word "Ultra" has been specifically disclaimed. You will not hit the marks that include the word "Ultra" for which the disclaimer statement reads as follows "The applicant disclaims the right to the exclusive use of All The Reading Matter apart from the trade-mark" and other similarly formulated disclaimers.

Vienna Code:

Vienna Code is an international Classification system to categorize trade-mark design by its figurative elements. The Vienna Classification constitutes a hierarchical system that proceeds from the general to the particular, dividing all figurative elements into Categories, Divisions and Sections. For example, the "hands" is a figurative element with the Vienna code 2.9.14 which the category is 2, the division is 9 and the section is 14.

Vienna Codes Description:

This field permits to search words within the textual description of the figurative elements contained in the Vienna Classification.

Trade-mark Lookup (Default):

This setting will simultaneously query the following fields: Trade-mark, Trade-mark description, Foreign character translation and Index Headings. Consequently, this setting allows the user the convenience of being able to query all the fields which are relevant to looking up a particular trade-mark. Trade-mark lookup has been chosen as the default setting, as it most probably will be the most frequently used setting.

Description of Dates

Priority Filing Date:

Under the terms of the Convention of the Union of Paris, an applicant (or his/her successor in title) who is a member of a country of the Union (any country that is a member of the Union for the Protection of Industrial Property constitued under the Convention, or any WTO Member) may file an application for registration of a mark in Canada, and may claim as the filing date, the date he or she filed an application in or for the Union country for the same or substantially the same mark for use in association with the same kind of wares or services. The Canadian application must be filed within six months of this date (see section 34 of the Trade-marks Act).

Date Filed:

The date a completed application is officially received and filed at the Trade-marks Office.

Date Formalized:

The date on which all the criteria of Rule 25 of the Trade-marks Regulations have been met.

Date Advertised:

The advertised date is the date a trade-mark is advertised in the Trade-marks Journal, the date public notice is given in the Trade-marks Journal for section 9 marks, for plant variety denominations, the advertisement date is the Agriculture and Agri-Food Canada's Plant Varieties Journal date and the advertisement date is the date which geographical indications for wines and spirits have been published in the Canada Gazette.

Date Registered:

The registered date is the date a trade-mark is registered, the registration date displayed for plant variety denominations is the Agriculture and Agri-Food Canada's grant date, the registration date displayed for geographical indications is the date on which geographical indications for wines and spirits have been entered on the list, and the registration date for the Royal Canadian Legion marks is the date on which protection was granted pursuant to an Act respecting the Royal Canadian Legion.

Date Inactivated

The date on which the trade-mark was no longer in good standing with the Trade-marks Office. These will include applications that have been abandoned or refused and registrations that have been cancelled or expunged.

Types of Mark Documents

Trade-mark:

A mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by that person from those manufactured, sold, leased, hired or performed by others.

Prohibited Mark; Official Mark:

This includes any mark protected under subparagraph 9(1)(n)(iii) of the Trade-marks Act being any badge, crest, emblem or mark adopted and used by any public authority, in Canada as an official mark for wares or services.

Prohibited Mark; Arms, Crest or Flag:

This includes any mark protected under subparagraphs 9(1)(e) of the Trade-marks Act being the arms, crest or flag adopted and used at any time by Canada or by any province or municipal corporation in Canada.

Certification Mark:

A mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to
(a) the character or quality of the wares or services;
(b) the working conditions under which the wares have been produced or the services performed;
(c) the class of persons by whom the wares have been produced or the services performed; or
(d) the area within which the wares have been produced or the services performed, from wares or services that are not of that defined standard.

Certification Text:

Description of the use of the certification mark.

Distinguishing Guise:

A shaping of wares or their containers, or a mode of wrapping or packaging wares the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others.

Prohibited Mark; Flag:

A national flag of a country of the Union pursuant to subsection 9(1)(i.2) of the Trade-marks Act, a territorial or civic flag communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i) or a flag of an international intergovernmental organization communicated under article 6ter of the Convention and publicly given by the Registrar.

General Mark:

Means a trade-mark used in connection with the sale of various articles in which a owner deals in his trade, business, occupation or calling generally. This type of mark is from the old Trade Mark and Design Act (TMDA).

Prohibited Mark; Official Sign or Hallmark:

any official sign or hallmark indicating control or warranty adopted by a country of the Union, communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i.1) of the Trade-marks Act.

Prohibited Mark; Armorial Bearings:

An armorial bearing of an international intergovernmental organization communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i.3) of the Trade-marks Act or any armorial bearings granted, recorded or approved for use by a recipient pursuant to the prerogative powers of Her Majesty as exercised by the Governor General in respect of the granting of armorial bearings, if the Registrar has given public notice of the grant, recording or approval pursuant to subsection 9(1)(n.1).

Prohibited Mark; Abbreviation of the Name:

An abbreviation of the name of an international intergovernmental organization communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i.3) of the Trade-marks Act.

Prohibited Mark; Name:

The name of an international intergovernmental organization communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i.3) of the Trade-marks Act.

Specific Mark:

Means a trade-mark used in connection with the sale of a class of merchandise of a particular description. This type of mark is from the old Trade Mark and Design Act (TMDA).

Standardization Mark:

A trade-mark the use of which was intended to indicate only that the wares in association with which it was used were of a defined standard, or had been produced under defined working conditions by a defined class of persons or in a defined area. This type of mark is from the old Unfair Competition Act (UCA) and were included in the definition of a trade-mark.

Standardization Text:

Description of the use of the standardization mark.

Union Label:

Means any mark, term, design, emblem, figure, sign, seal, stamp, diagram, ticket, device or form of advertisement adopted by a labour union. This type of mark is from the old Trade Mark and Design Act (TMDA).

Denomination:

The name (denomination) of a Plant Variety granted under the Plant Breeder Rights Act.

Plant variety:

Description of the plant variety of the denomination.

Geographic Indication:

An indication that identifies a wine or spirit originating in a particular territory, region or locality where a quality, reputation or other characteristic is attributable to its geographical origin and appears on the List of Geographic Indications held by the Registrar.

Geographic Indication - Territory:

Description of the particular territory, region or locality.

Geographic Indication - Qualification:

Statement of the quality, reputation or other characteristic of the wine or spirit that qualifies the indication as a geographical indication.

Mark Protected by Federal Act of Incorporation:

A mark protected under either "An Act to Incorporate the Canadian General Council of the Boy Scouts Association", "An Act to Incorporate the Canadian Council of the Girl Guides Association" or an "Act to Incorporate the Canadian Nurses Association".

Mark Protected by an Act Respecting the Royal Canadian Legion:

Marks of the Royal Canadian Legion protected under said Act.

Prohibited Mark; Emblems:

An emblem of an international intergovernmental organization communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i.3) of the Trade-marks Act.

Prohibited Mark; Arms, Crest or Emblem:

an arms, crests or emblems of a country of the Union communicated under article 6ter of the Convention and publicly given by the Registrar pursuant to subsection 9(1)(i) of the Trade-marks Act.

Prohibited Mark; Badge, Crest, Emblem or Mark:

This includes any mark protected under subparagraphs 9(1)(n)(i) and 9(1)(n)(ii) of the Trade-marks Act. Subparagraph 9(1)(n)(i) being any badge, crest, emblem or mark adopted or used by any of Her Majesty's Forces as defined in the National Defence Act. Subparagraph 9(1)(n)(ii) being any badge, crest, emblem, or mark of any university.

Trade-mark Status

Status:

The stage at which a trade-mark application or a trade-mark is with the Trade-marks Office.

All:

All trade-marks contained on the database that are open to public inspection, including all active and inactive trade-marks which are part of the database.

All Active:

All Active category includes all marks with the following statuses: formalized, searched, default - searched, approved, advertised, proposed opposition, opposed, allowed, default - allowed, refused - appeal in progress, registered and protected, including section 9 marks for which public notice has been given, plant variety denominations, geographical indications for wines and spirits which have been entered on the list and for which protection has been sought, marks of the Royal Canadian Legion, the Canadian General Council of the Boy Scouts Association or the Canadian Council of the Girl Guides Association.

Pending:

Pending category includes all marks which are in pending process. These marks are the subject of applications, and require further processing, which may include the following statuses: formalized, searched, default - searched, approved, advertised, proposed opposition, opposed, allowed, default - allowed, refused - appeal in progress, which also includes geographical indications for wines and spirits added to the list or for which protection has been sought and not yet entered on the list for which public notice was made. The advertised status is in the pending category only if the mark is not a section 9 mark. The approved status is in the pending category only if the trade-mark is not from legislation of the Canadian Nurses Association, an Act to Incorporate the Canadian General Council of the Boy Scouts Association, an Act to Incorporate the Canadian Council of the Girl Guides Association or the Royal Canadian Legion.

Registered:

Registered category includes marks that are registered; section 9 marks that are advertised; the marks approved under the legislation of the Canadian Nurses Association, the Canadian General Council of the Boy Scouts Association, the Canadian Council of the Girl Guides Association or the Royal Canadian Legion; geographical indications for wines and spirits have been entered on the list.

All Inactive:

The All Inactive category includes marks that are: abandoned under section 36; abandoned under subsection 40(3); refused; expunged; cancelled; withdrawn; in active transferred; abandoned; abandoned voluntary; abandoned under subsection 38(7); surrendered; removed; inactive geographic indication; expunged under subsection 45(3); refused under subsection 38(8); inactive; not recommended; or revoked.

Other Trade-mark Information Fields

Action:

Processing action taken by the Trade-marks Office regarding a trade-mark.

Agent:

The trade-mark agent who represents the applicant/registrant.

Applicant:

The name of the person(s) or the company(ies) that applied for the trade-mark.

Associated Marks:

Marks that are confusing with one another but owned or applied for by the same person. These marks are linked to one another and are considered associated marks. See section 15 of the Trade-marks Act.

Authorization of Use:

An authorization is required for certain trade-marks which would otherwise be prohibited, for example the portrait or signature of any individual who is living or has died within the preceding thirty years.

Claims:

Indicates particular claims for a trade-mark (e.g. proposed use in Canada, etc.).

Colour Claim:

A statement specifying that an applicant is claiming colour as a feature of the trade-mark, along with a textual description of the colour. If such description is not clear, the applicant must submit a drawing lined for colour in accordance with the colour chart shown in the Trade-marks Regulations. See subsection 28(2).

Footnotes:

Historical account of all amendments to a registration.

Interested Parties:

Parties that are or have been involved with the trade-mark.

Interested Party Relation:

The relationship between a party and the trade-mark (e.g. old owner).

Per Se Registration:

An associated trade-mark that has been registered through the submission of evidence and that is used in support of the registration of another associated mark.

Registrant:

The name of the person(s) or the company(ies) to whom the protection right was originally granted.

Representative for Service:

A person or firm to whom the Trade-marks Office will send all correspondence with the same effect as having sent the correspondence to the owner. An owner who has no Canadian address is required to have a representative for service.

Section 37(3) Notice:

A notice is sent to the owner of an existing registration by the Trade-marks Office when the Registrar is in doubt whether the new trade-mark application is registerable based on the existing registered mark.

See Auxiliary register for Registered User:

In the past, it was mandatory to register all users of trade-marks pursuant to the provisions of section 50 of the Trade-marks Act. These provisions of the Trade-marks Act were revoked on June 9, 1993, when the Intellectual Property Law Improvement Act (Chapter 15 of the Statues of Canada, 1993, section 69), came into force, and were replaced by licensee provisions. As a result, it is no longer necessary to register a user (or licensee) of a trade-mark with the Trade-marks Office. The list of registered users that was kept by the Registrar is no longer maintained, but remains open for public inspection at our Office at 50 Victoria Street in Gatineau, Quebec. The registered user files themselves, which are now kept at the Library and Archives Canada, are available upon request in person, via the Client Service Centre within 1 to 3 working days.

Trade-mark Exclusion:

A statement from an applicant specifying that certain pictorial features represented in the drawing of a trade-mark do not form part of the actual trade-mark for which registration is requested. This is mainly used when the drawing of a trade-mark incorporates the representation of the wares onto which the actual trade-mark is applied.