Template: Certification Mark used in Canada

To: The Registrar of Trademarks
Gatineau, Quebec, Canada.

1. Same as paragraph 1 of Form 1, changing "trademark" to "certification mark."

2. Same as paragraph 2 of Form 1, changing "trademark" to "certification mark."

3. Same as paragraph 3 of Form 1, changing "trademark" to "certification mark."

4. The applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in association with which the certification mark is used.

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

5. The applicant (or his predecessor(s) in title (a)..........) has (have) granted a licence(s) to use the certification mark in association with all the specific wares listed hereafter that meet the defined standard set out below, and the certification mark has been used by the licensee(s) in Canada accordingly in association with such wares. The certification mark has been used in Canada as aforesaid in association with the general class of wares comprising the following specific wares (b).......... since (c).......... and in association with the general class of wares comprising the following specific wares (d).......... since (e).......... (f). The applicant requests registration in respect of the specific wares aforesaid.

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

6. The use of the certification mark is intended to indicate that the specific wares listed above in association with which it is used are of the following defined standard:

(g)

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

7. The applicant (h) (or his predecessor(s) in title (a)..........) has (have) granted a licence (or licences) to use the certification mark in association with all the specific services listed hereafter that meet the defined standard, and the certification mark has been used by the licensee(s) in Canada accordingly in association with such services. The certification mark has been used in Canada as aforesaid in association with the general class of services comprising the following specific services (b).......... since (c).........., and in association with the general class of services comprising the following specific services (d).......... since (e).......... (f). The applicant requests registration in respect of the specific services aforesaid.

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

8. The use of the certification mark is intended to indicate that the services in association with which it is used are of the following defined standard:

j)

9. Same as paragraph 6 of Form 1.

10. Same as paragraph 7 of Form 1.

11. Same as paragraph 8 of Form 1, changing "trademark" to "certification mark."

12. Same as paragraph 9 of Form 1, changing "trademark" to "certification mark."

13. The applicant is satisfied that he is entitled to use the certification mark in Canada through his licensee(s) in association with the (k).......... described above.

Instructions for Form 5.

(a)

Insert this phrase only if the certification mark in association with any of the specific wares listed below in this paragraph (in accordance with notes (b) and (d)) was first licensed by a predecessor in title of the applicant. If so, name the predecessor who first licensed the use of the certification mark in association with any of the specific wares listed and name also any intervening predecessors down to the applicant.

(b)

If all the specific wares in association with which the certification mark has been used in Canada by the licensee(s), 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.

(c)

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

(d)

List here the specific wares in association with which the certification mark has been used in Canada by the licensee(s), 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 (b).

(e)

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

(f)

If the certification mark 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 a licensee of the applicant or of a predecessor began to use the certification mark in Canada in association with any of such wares.

(g)

Set out here particulars of the defined standard (see definition "certification mark" in Section 2 of the Act) that the use of the certification mark in association with the specific wares listed in paragraph 5 is intended to indicate.

(h)

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

(j)

Set out here particulars of the defined standard which the use of the certification mark in association with the specific services listed in paragraph 7 is intended to indicate.

(k)

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