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Guideline to Furnishing Evidence When Applying for the Trademark Agent Examination

From: Canadian Intellectual Property Office

In order to write the Trademark Agent Examination, all candidate are required, pursuant to paragraph 16(b)(iii) of the Trademarks Regulations, to furnish the Registrar with evidence establishing that they meet the requirements set out in paragraph 16(a) of the Regulations.

The Office considers that any of the following will satisfy the requirements to furnish evidence: an affidavit or a statutory declaration by the candidate, or a letter of attestation signed by the candidate's employer or by a registered Trademark agent.

The affidavit, statutory declaration or letter of attestation will be assessed by the Office to determine whether it establishes that the requirements of Rule 16 of the Trademarks Regulations have been met by the candidate.

The Office, as a general rule, does not require a detailed explanation of a candidate's experience. The Office prefers a document that clearly and succinctly provides qualitative information addressing the nature (e.g. preparing, filing and prosecuting applications), context (e.g. in Canada, at firm X, since 20xx, under the supervision of a registered agent), and duration of the experience. Quantitative descriptions, other than for establishing that the 24 month requirement has or will be met, are not required.

It is not necessary to have a third party attest to the candidate's experience, nor is it required that the experience be obtained under the supervision of a registered Trademark agent.

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