Trade-Marks Examination Manual (page 48 of 55)
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IV.11 Section 14 — Not Without Distinctive Character
Subsection 31(2) of the Act provides for the submission of an application to register a trade-mark which the applicant has registered in his/her country of origin, as long as the applicant furnishes evidence which shows that the mark is ";not without distinctive character"; in Canada pursuant to paragraph 14(1)(b).
The applicant must submit an affidavit, specimens and details about the value and volume of sales, subsection 12(2).
See section II.7.8 of this manual for more extensive treatment of a section 14 claim.