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Details on other trademark information fields

From: Canadian Intellectual Property Office


Action

Processing action taken by the Office of the Registrar of Trademarks regarding a trademark, certification mark, or geographical indication.

Agent

The trademark agent who represents the applicant/registrant.

Applicant

The name of the person(s) that applied for a trademark.

Authorization of use

Authorization is required before certain trademarks can be registered. An example would be the portrait or signature of any individual who is living or has died within the last 30 years.

Claims

Indicates particular bases of registration for a trademark (e.g., proposed use in Canada, use in Canada etc.) under the former Trade-marks Act.

The three basic claims that could be made in an trademark application were: (1) the trademark had been used or made known in Canada with the associated goods and services; (2) the trademark had been applied for or registered and used abroad with the associated goods and services; or (3) the trademark was proposed to be used in Canada (intended to be used) with the applied for goods and services.

Colour claim

A statement specifying that an applicant is claiming colour as a feature of the trademark, along with the name of the colour and an indication of the principal parts of the trademark that are in that colour.

Footnotes (also called Recordals)

Historical account of all amendments (changes) to a registration.

Interested parties

Parties (companies or individuals) that are or have been involved with the trademark.

Interested party relation

The relationship between a party and the trademark (e.g., if they were the Applicant and/or the Registrant or owner).

Old owner

The name of the person(s) who previously owned the trademark registration.

Registrant

The name of the person(s) to whom registration of the trademark was initially granted (i.e. who first owned the trademark registration).

Registered owner

The name of the person(s) who currently owns the trademark registration.

Responsible authority 

The legal entity who is responsible for a particular geographical indication (GI) and has requested that it be entered on the list of protected GIs in Canada.

Section 37(3) notice

Our office sends a notice to the owner of a trademark when the Registrar is in doubt whether a new trademark application can be registered because this new trademark may be confusing with an existing trademark.

See auxiliary register for registered user

In the past, it was mandatory to register all users of trademarks. This requirement was removed in 1993 and was replaced by licensee provisions. As a result, it is no longer necessary to register a user (or licensee) of a trademark with the Trademarks Office. The list of registered users that was kept by the Registrar is no longer maintained, but remains open for public inspection at CIPO's headquarters. The registered user files, which are now kept at the Library and Archives Canada, can be seen within one to three working days if you ask in person at our Client Service Centre.

TM5 Common Status Descriptor Icons

In collaboration with the trademark offices of China, the European Union, Japan, Republic of Korea, and the United States, (commonly referred to as the TM5), Canada has adopted common descriptions and icons that provide information about the status of trademark applications and registrations available on its online trademark database. These descriptions and icons create a more harmonized and user-friendly online search experience for trademark users around the world.

An open file folder in a green circle Live/
Application/
Awaiting Examination

The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.

An open file folder and a magnifying glass in a green circle Live/
Application/
Under Examination

The trademark application has been accepted by the Office (has met the minimum filing requirements) and that this application has been assigned to an examiner.

An open file folder and a scale in a green circle Live/
Application/
Appeal of Refusal Pending

An appeal of the Office's final refusal to register a pending trademark application is currently pending.

An open file folder and an open book in a green circle Live/
Application/
Published for Opposition

A pending trademark application has been examined by the Office and has been published in a way that provides an opportunity for the public to oppose its registration.

An open file folder and two people discussing in a green circle Live/
Application/
Opposition Pending

The pending trademark application has been examined by the Office and was published for opposition, at which time one or more oppositions were filed but they have not yet been decided.

A seal of approval in a green circle Live/
Registration/
Issued and Active

The pending trademark application has been examined by the Office and was published for opposition, at which time one or more oppositions were filed but they have not yet been decided.

An open file folder in a red forbidden circle Dead/
Application/
Refused/
Dismissed or Invalidated

This trademark application was refused, dismissed, or invalidated by the Office and this application is no longer active.

An open file folder and a waste bin in a red forbidden circle Dead/
Application/
Withdrawn/
Abandoned

The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

A seal of approval in a red forbidden circle Dead/
Registration/
Cancelled/
Invalidated

The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

A seal of approval and a hand putting trash in an open trash bin in a red forbidden circle Dead/
Registration/
Surrendered

The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

A seal of approval and an hourglass in a red forbidden circle Dead/
Registration/
Expired

The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

An open file folder, a question mark and a seal of approval in a black circle Other 

For the situation where the status is uncertain, unknown, or other than those previously identified.

Exclusion from trademark

This is a statement provided by the applicant specifying that certain named features of a trademark do not form part of the trademark. For example, this statement is used when the drawing of a trademark incorporates a three-dimensional object onto which the trademark is applied (i.e., a bottle of wine where the label shown is the trademark but the bottle in the drawing does not form part of the trademark).

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