Transfers and/or Change of Name
Publication Date: 2001-12-05
This practice notice is intended to provide guidance on current Trademarks Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.
This notice is intended to clarify the Trademarks Office practice with respect to:
- a transfer of a trademark(s) resulting in a change of ownership; and
- a change of name of an applicant or registered owner.
A transfer of a trademark application or a registered trademark will be recorded upon the receipt of:
- the prescribed fee (Tariff of Fees - item 6);
- a name and mailing address in Canada for the new owner/applicant (see paragraph 30(g) of the Trade-marks Act for representative for service information); and
- evidence that the mark has been transferred.
There is no requirement to provide the Trademarks Office with the original of any document that is evidence of a transfer. The Office will accept photocopies of documents or photocopies of relevant excerpts from transfer documents. Where an assignment document is used as evidence of a transfer it should be signed by the owner/applicant.
Change Of Name
In accordance with paragraph 41(1)(a) of the Trade-marks Act and item 5 of the Tariff of Fees, the Office will amend the register to reflect a trademarks owner's change of name upon receipt of a written request.
The Office will amend a pending trademark application to reflect a change of name of the applicant upon receipt of a written request; no fee is required.
As a general rule, there is no requirement to provide the Office with evidence of a change of name. If the name change is a result of a merger/amalgamation or a change in corporate status, the Office will require some evidence that shows the circumstances in which the name changed (e.g. certificate of merger/amalgamation).
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