Template: Trademark in use in Canada

To: The Registrar of Trademarks
Gatineau, Quebec.

1. The applicant, (a).......... the full post office address of whose principal office or place of business is.......... applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trademark identified below.

2. The trademark is

refer to (b) (i) and (ii)

Omit this paragraph if there is no disclaimer.

3. The applicant disclaims the right to the exclusive use of (c).......... apart from the trademark.

Omit this paragraph if registration is requested only in respect of services.

4. The trademark has been used in Canada by the applicant (or his predecessor(s) in title (d)..........) in association with all the specific wares listed hereafter, and the applicant requests registration in respect of such wares. The trademark has been so used in Canada in association with the general class of wares comprising the following specific wares (e)........... since (f).......... and in association with the general class of wares comprising the following specific wares (g).......... since (h)........................................(j).

Omit this paragraph if registration.is requested only in respect of wares.

5. The trademark (k) has been used in Canada by the applicant (or his predecessor(s) in title (d).......... in association with all the specific services listed hereafter, and the applicant requests registration in respect of such services. The trademark has been so used in Canada in association with the general class of services comprising the following specific services (e).......... since (f).......... and in association with the general class of services comprising the following specific services (g).......... since (h)......................(j).

Omit this paragraph if the address in paragraph 1 is a Canadian address or the applicant has no office or place of business in Canada.

6. The address of the applicant's principal office or place of business in Canada is..........

Omit this paragraph if a Canadian address of the applicant is given in paragraph 1 or paragraph 6 and the applicant does not wish to appoint a special representative for service.

7. The applicant appoints (l).........., whose full post office address in Canada is.......... as the person (or firm) to whom any notice in respect of the application or registration may be sent, and upon whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served upon the applicant or registrant.

Insert this paragraph only where the benefit of Section 14 of the Act is claimed on the basis of a registration in or for the country of origin.

8. The trademark has been duly registered by the applicant (or the applicant's predecessor in title named in such registration (m)) in or for (n).........., the country of origin of the applicant (or the said predecessor (m)). The registration was made in (o) .......... on .......... under No.........., and the applicant claims the benefit of section 14 of the Act on the basis of such registration.

Insert this paragraph only where Convention priority is claimed under Section 34 of the Act.

9. The applicant claims priority under Section 34 of the Act on the ground that an application for registration of the same or substantially the same trademark was filed in or for (q) ... by the applicant ( or the applicant's predecessor in title named in the said application (p)). The application was filed in (r).......... on (s).......... under No. (t).......... and such application was the earliest application filed in any country of the other than Canada by the applicant or any predecessor in title of the applicant for the registration of the same or substantially the same trademark for use in association with the same kind of wares ( or services) as those set out above. At the date of such application the applicant ( or the predecessor in title aforesaid) (u).......... the country aforesaid.

10. The applicant is satisfied that he is entitled to use the trademark in Canada in association with the (v).......... described above.

Instructions for Form 1

(a)

(i)

In the case of a corporation, give full name.

(ii)

In the case of an individual, give the surname and at least one given name. If the individual trades under a name other than the individual';s own name, follow the individual's name by the words "trading as" and then give the trading name.

(iii)

In the case of a partnership, give the name under which the partnership trades.

(b)

(i)

If the trademark is a word or words not depicted in a special form, set out the word or words in capital letters.

(ii)

If the trademark is a design, insert the phrase "shown in the accompanying drawing" and annex the drawing (see rule 27) to the form.

(c)

Paragraph 3 is necessary only where some portion of the trademark is not independently registrable and the right to its exclusive use apart from the trademark is disclaimed either voluntarily or at the direction of the Registrar. In such case the portion disclaimed must be identified here.

(d)

Insert this phrase only if the trademark has been used in Canada by a predecessor of the applicant in association with any of the specific wares listed below in this paragraph (in accordance with notes (e) and (g)). If so, name the predecessor who began to use the trademark in association with any of the specific wares listed, and name also any intervening predecessor down to the applicant.

(e)

If all the specific wares in association with which the trademark has been used in Canada, and in respect of which registration is requested, fall into a single general class, list them all here. If such wares fall into more than one general class, list here only those falling into one general class. The wares must be described in ordinary commercial terms.

(f)

Give the earliest date when the applicant or a predecessor began to use the trademark in Canada in association with any of the wares listed in accordance with note (e).

(g)

List here the specific wares in accordance with which the trademark has been used in Canada, and in respect of which registration is requested, which fall into a different general class from that comprising the wares listed in accordance with note (e).

(h)

Give the earliest date when the applicant or a predecessor began to use the trademark in Canada in association with any of the wares listed in accordance with note (g).

(j)

If the trademark has been used in Canada in association with specific wares falling into further different general classes, repeat here the words

"and in association with the general class of wares comprising the following specific wares.......... since.........." as often as necessary, listing in each case the specific wares falling into a different general class from those comprising the wares previously listed, and giving in each case the earliest date when the applicant or a predecessor began to use the trademark in Canada in association with any of such wares.

(k)

In completing this paragraph, notes (d) to (j) should be read with the substitution of "services" for "wares."

(l)

Give the name of a person or firm in Canada appointed as the applicant"s representative for service.

(m)

Omit this phrase if the trademark was registered in or for the country of origin by the applicant.

(n)

Name the country of origin (see definition "country of origin" in Section 2 of the Act) of the applicant or a predecessor in or for which the trademark is registered.

(o)

Name the country or the Office where the trademark is registered and give the date of registration.

(p)

Omit this phrase if the application on which the priority claim is based was made by the applicant.

(q)

Name the Union country (see definition of "country of the Union" in Section 2 of the Act), in or for which the first application for registration of the trademark was filed and where the applicant or a predecessor was then a citizen or national or domiciled or had a real business.

(r)

Name the country or Office where the application for registration was filed.

(s)

Give the date of filing of the application.

(t)

Give the number of the application if available. Otherwise it will have to be supplied later.

(u)

Insert here one of the following statements as applicable: "was a citizen of," "was a national of," "was domiciled in," or "had a real and effective industrial or commercial establishment in."

(v)

Insert "wares," "services," or "wares and services" as applicable.