Archived — Practice Notice - Evidence Required Pursuant to Subsections 30(2) and 31(1) of the trade-marks Act, Publication Date: 1975-07-30

Evidence Required Pursuant to Subsections 30(2) and 31(1) of the Trade-marks Act

Publication Date: 1975-07-30

Where an applicant for registration of a trade mark is required to establish by evidence that his trade mark is "distinctive" or "not without distinctive character" in order to obtain registration, he is required to include in his evidence a statement as to whether he is aware of the use in Canada by any other related or unrelated person, at any time within the five years immediately preceding the filing of the application, of a trade mark that is the same or substantially the same as the applicant's trade mark. If the applicant is aware of any such use, pertinent details thereof within the applicant's knowledge should be set out in the affidavit or statutory declaration.

The need for the requirement set out above has been demonstrated by recent experience. This requirement applies to applications presently pending as well as to those filed in the future.

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