Template: Trade-Mark made known in Canada

To: The Registrar of Trade-marks
Gatineau, Quebec.

1. Same as par. 1 of Form 1.

2. Same as par. 2 of Form 1.

3. Same as par. 3 of Form 1.

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

4. The applicant (and his predecessor(s) in title (a)..........) has (have) made the trade-mark known in Canada in association with all the specific wares listed hereafter by reason of having used the trade-mark in association with such wares in (b).......... and by reason of (c).......... By reason of such distribution ( or advertising) the trade-mark has become well known in Canada. The trade-mark has been so made known in Canada in association with the general class of wares comprising the following specific wares (d).......... since (e).......... and in association with the general class of wares comprising the following specific wares (f).......... since (g).......... (h). The applicant requests registration of the trade-mark in respect of the specific wares aforesaid.

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

5. The (j) applicant (and his predecessor(s) in title (a)..........) has (have) made the trade-mark known in Canada in association with all the specific services listed hereafter by reason of having used the trade-mark in association with such services in (b).......... and by reason of (k).......... By reason of such advertising the trade-mark has become well known in Canada. The trade-mark has been so made known in Canada in association with the general class of services comprising the following specific services (d).......... since (e).......... and in association with the general class of services comprising the following specific services (f).......... since (g).......... (h). The applicant requests registration of the trade-mark in respect of the specific services aforesaid.

6. Same as paragraph 6 of Form 1.

7. Same as paragraph 7 of Form 1.

8. Same as paragraph 8 of Form 1.

9. Same as paragraph 9 of Form 1.

10. Same as paragraph 10 of Form 1.

Instructions for Form 2

(a)

Insert this phrase only if the trade-mark has been made known 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 (d) and (f)). If so, name the predecessor who first made the trade-mark known in Canada in association with any of the specific wares listed, and name also any intervening predecessors down to the applicant.

(b)

Name a Union country in which the trade-mark has been used in association with all the specific wares listed below in this paragraph (in accordance with notes (d) and (f)). It is unnecessary to name more than one Union country unless the trade-mark has been used in one Union country in association with only some of the specific wares in question and in another Union country in association with only other specific wares in question.

(c)

Insert one or more of the following phrases as applicable:

"the distribution of such wares in association with the trade-mark in Canada."

"the advertising of such wares in association with the trade-mark in printed publications circulated in Canada in the ordinary course among potential dealers in or users of such wares."

"the advertising of such wares in association with the trade-mark in radio or television broadcasts ordinarily received in Canada by potential dealers in or users of such wares."

(d)

If all the specific wares in association with which the trade-mark has become well known in Canada (see Section 5 of the Act) 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.

(e)

Give the date when the trade-mark first became well known in Canada in association with any of the wares listed in accordance with note (d) by reason of the distribution or advertising referred to (see note (c)).

(f)

List here the specific wares in association with which the trade-mark has been made known 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 (d).

(g)

Give the date when the trade-mark first became well known in Canada in association with any of the wares listed in accordance with note (f) by reason of the distribution or advertising referred to (see note (c)).

(h)

If the trade-mark has become well known 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 date when the trade-mark first became well known in Canada in association with any of such wares.

(j)

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

(k)

Insert one or more of the following as applicable:

"the advertising of such services in association with the trade-mark in printed publications circulated in Canada in the ordinary course among potential dealers in or users of such services."

"the advertising of such services in association with the trade-mark in radio or television broadcasts ordinarily received in Canada by potential dealers in or users of such services."