Template: Trademark made known in Canada

To: The Registrar of Trademarks
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 trademark known in Canada in association with all the specific goods listed hereafter by reason of having used the trademark in association with such goods in (b).......... and by reason of (c).......... By reason of such distribution ( or advertising) the trademark has become well known in Canada. The trademark has been so made known in Canada in association with the general class of goods comprising the following specific goods (d).......... since (e).......... and in association with the general class of goods comprising the following specific goods (f).......... since (g).......... (h). The applicant requests registration of the trademark in respect of the specific goods aforesaid.

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

5. The (j) applicant (and his predecessor(s) in title (a)..........) has (have) made the trademark known in Canada in association with all the specific services listed hereafter by reason of having used the trademark in association with such services in (b).......... and by reason of (k).......... By reason of such advertising the trademark has become well known in Canada. The trademark 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 trademark 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 trademark has been made known in Canada by a predecessor of the applicant in association with any of the specific goods listed below in this paragraph (in accordance with notes (d) and (f)). If so, name the predecessor who first made the trademark known in Canada in association with any of the specific goods listed, and name also any intervening predecessors down to the applicant.

(b)

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

(c)

Insert one or more of the following phrases as applicable:

"the distribution of such goods in association with the trademark in Canada."

"the advertising of such goods in association with the trademark in printed publications circulated in Canada in the ordinary course among potential dealers in or users of such goods."

"the advertising of such goods in association with the trademark in radio or television broadcasts ordinarily received in Canada by potential dealers in or users of such goods."

(d)

If all the specific goods in association with which the trademark 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 goods fall into more than one general class, list here only those falling into one general class. The goods must be described in ordinary commercial terms.

(e)

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

(f)

List here the specific goods in association with which the trademark 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 goods listed in accordance with note (d).

(g)

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

(h)

If the trademark has become well known in Canada in association with specific goods falling into further different general classes, repeat here the words

"and in association with the general class of goods comprising the following specific goods.......... since.........."

as often as necessary, listing in each case the specific goods falling into a different general class from those comprising the goods previously listed and giving in each case the date when the trademark first became well known in Canada in association with any of such goods.

(j)

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

(k)

Insert one or more of the following as applicable:

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