Amendments to Trademark Applications
Publication Date: 1995-03-15
Trademarks Branch is now handling simple amendments to applications by telephone. However, amendments which may be more controversial such as changes to the statement of goods and services, to the trademark itself, to the date of first use or the basis of filing, or to the identity of the applicant will only be applied following receipt of written authorization from the applicant/agent. To improve service to clients, Trademarks Examiners will follow the guidelines listed below for amendments to applications in prosecution.
- Amendments which will be made by examiners without contacting the applicant/agent:
- Change the word "goods" to "services" or vice versa in the entitlement paragraph where it is obvious that an error was made.
- Add the phrase "and the applicant requests registration in respect of such goods or services".
- Amend the identification of the Trademark where there is no doubt that it is a word or a design (second paragraph).
- Cross out the name of the former representative for service if a new one has been appointed.
- Amendments which will be made following a telephone conversation without the necessity of written confirmation:
- Insert date of first use, or of making known when it has been omitted in the revised application.
- Insert the country of use when it has been omitted in the revised application.
- Insert the disclaimer statement when it was omitted in a revised application but mentioned in the covering letter.
- Delete TM or ® symbols from the drawing (without affecting the quality of the drawings).
- Correct spelling errors in the list of goods/services.
- Insert the confirmation that the applicant is a legal entity.
- Insert the serial number of a priority claim.
- The following amendments must be authorized in writing:
- Amend, add to or delete in the statement of goods/services.
- Amend, add or delete a disclaimer statement.
- Correct a typographical error in the name of the applicant.
- Change the trademark.
- Add a statement indicating that the applicant is satisfied that he is entitled to use the trademark in Canada (section 30(i) of the Trade-marks Act).
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