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Proactive Disclosure
FORM 3
(Application for Registration of a Trade-mark registered and used Abroad)
To: The Registrar of Trade-marks
Gatineau, Quebec, Canada.
1. Same as paragraph 1 of Form 1.
2. Same as paragraph 2 of Form 1.
3. Same as paragraph 3 of Form 1.
Omit paragraphs 4 and 4A where registration is requested only in respect of services.
4. The trade-mark has been duly registered by the applicant (or the applicant's predecessor in title named in such registration (a) in or for (b)………. the country of origin of the applicant (or the said predecessor (a)). The registration was made in (c)………. under No……….. in association with (d)………. (e). The applicant (or the applicant's said predecessor) has used the trade-mark in association with (f)………. in (g)………., and the applicant requests registration of the trade-mark in respect of the wares in association with which it has been registered and used as aforesaid.
Where registration is requested in respect of wares, use paragraph 4 if the trade-mark is already registered in or for the country of origin, but use paragraph 4A if the application in or for that country is still pending.
4A. An application to register the trade-mark has been filed by the applicant (or the applicant's predecessor in title named in the said application (h)) in or for (j)………., the country of origin of the applicant (or the said predecessor (h)). The application was filed in (k)………. on ……. under No……….. in association with (l)………. (m). The applicant (or the applicant's said predecessor) has used the trade-mark in association with (f)………., in (g)………., and the applicant requests registration of the trade-mark, upon its registration in the country of origin, in respect of the wares in association with which the trade-mark has been used as aforesaid and which are covered by such registration in the country of origin.
Omit paragraphs 5 and 5A where registration is requested only in respect of wares.
5. The (n) trade-mark has been duly registered by the applicant (or the applicant's predecessor in title named in such registration (a)) in or for (b)………. the country of origin of the applicant (or the said predecessor (a)). The registration was made in (c)….. on ……. under No……….. in association with (d)………. (e). The applicant (or the applicant's said predecessor) has used the trade-mark in association with (f)………., in (g)………., and the applicant requests registration of the trade-mark in respect of the services in association with which it has been registered and used as aforesaid.
Where registration is requested in respect of services, use paragraph 5 if the trade-mark is already registered in or for the country of origin, but use paragraph 5A if the application in or for that country is still pending
5A. An (o) application to register the trade-mark has been filed by the applicant ( or the applicant's predecessor in title named in the said application (h)) in or for (j)………., the country of origin of the applicant (or the said predecessor (h)). The application was filed in (k)………. on ……. under No………. in association with (l)………. (m). The applicant (or the applicant's said predecessor) has used the trade-mark in association with (f)………., in (g)………., and the applicant requests registration of the trade-mark, upon its registration in the country of origin, in respect of the services in association with which the trade-mark has been used as aforesaid and which are covered by such registration in the country of
origin.
6. Same as paragraph 6 of Form 1.
7. Same as paragraph 7 of Form 1.
Insert this paragraph only where the benefit of Section 14 of the Act is claimed on the basis of the registration in or for the country of origin identified in paragraph 4 or paragraph 5.
8. The applicant claims the benefit of section 14 of the Act on the basis of the registration of the trade-mark in or for (p)………. referred to above.
9. Same as paragraph 9 of Form 1.
10. Same as paragraph 10 of Form 1.
Instructions for Form 3.
(a)
Omit this phrase if the trade-mark was registered in or for the country of origin by the applicant.
(b)
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 trade-mark is registered.
(c)
Name the country or the Office where the trade-mark is registered and give the date of registration.
(d)
Set out the statement of wares as it appears in the registration abroad, so far as this statement extends to wares in association with which the trade-mark has actually been used in some country.
(e)
If all the wares in association with which the trade-mark has been used and in respect of which registration is requested are not covered in a single registration in or for the country of origin, then continue with the words "and on" and with the matter which follows (c) in the first sentence of paragraph 4 of the form. Repeat for each additional registration referred to.
(f)
List all the specific wares in association with which the trade-mark has been actually used and in respect of which registration is requested, so far as they are covered by the registration(s) (or application(s)) in or for the country of origin. The wares must be described here in the terms in which they are ordinarily and commercially described in the trade or business, which terms may differ from those used in the registration(s) (or application(s)) in or for the country of origin.
(g)
Give the name of a country in which the trade-mark has been used in association with the specific wares listed in accordance with note (f). If the trade-mark has not been used in a single country in association with all the specific wares listed, but has been used in one country in association with some of the wares and in another country in association with others of the wares, give the names of the two (or more) countries in question.
(h)
Omit this phrase if the application in or for the country of origin was made by the applicant himself.
(j)
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 application to register the trade-mark has been filed.
(k)
Name the country or the Office where the application for registration was filed and give the date of filing of the application.
(l)
Set out the statement of wares as it appears in the application abroad, so far as this statement extends to wares in association with which the trade-mark has actually been used in some country.
(m)
If all the wares in association with which the trade-mark has been used and in respect of which registration is requested are not covered in a single application in or for the country of origin, then continue with the words "and on" and with the matter which follows (k) in the first sentence of paragraph 4A of the form. Repeat for each additional application referred to.
(n)
In completing this paragraph, notes (a) to (g) should be read with the substitution of "services" for "wares."
(o)
In completing this paragraph, notes (f) to (m) should be read with the substitution of "services" for "wares."
(p)
Give the name of the country of origin named in paragraph 4 or 5.
