Trademarks Office Requirements with Respect to Section 12(2) Evidence

Publication Date: 1985-01-02

Effective immediately, a master affidavit may be the only evidence required to support a claim under the provisions of Section 12(2) of the Trade Marks Act. The affidavit should show extensive use of the trade mark across Canada together with advertising in relation to the trade mark prior to the date of filing the application for its registration. Only, depending upon the particular trade mark and the circumstances involved, if there is some doubt that the trade mark was distinctive as of the date of filing, will the Office require additional evidence. The next Trade Marks Examination Manual revision will contain further details with respect to the above practice notice.

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