Details on other trademark information fields


Action

Processing action taken by the Office of the Registrar of Trademarks regarding a trademark.

Agent

The trademark agent who represents the applicant/registrant.

Applicant

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

Associated marks

Trademarks that are confusing with one another but owned or applied for by the same person. These trademarks are linked to one another and considered associated trademarks. See section 15 of the Trade-marks Act.

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 claims for a trademark (e.g., proposed use in Canada, use in Canada etc.).

The three basic claims that can be made in an trademark application are: (1) the mark has been used or made known in Canada with the associated goods and services; (2) the mark has been applied for or registered and used abroad with the associated goods and services; or (3) the mark is proposed to be used in Canada (intend 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 a written description of the colour. If the description is not clear, the applicant must send a drawing lined for colour according to the colour chart shown in the Trade-marks Regulations. See subsection 28(2).

Footnotes

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

Interested parties

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

Interested party relation

The relationship between a party and the trademark (e.g., old owner).

Registrant

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

Representative for service

An applicant or owner who does not have a Canadian address must have a representative for service. This representative for service (it can be a person or a firm) receives all of the correspondence from our office on behalf of the applicant or owner. When we send correspondence to the representative for service it has the same effect as when we send correspondence to the applicant or owner.

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.

Trademark exclusion

This is a statement from an applicant specifying that certain pictorial features in the drawing of a trademark do not form part of the actual trademark they are applying for. This statement is used when the drawing of a trademark incorporates the three-dimensional representation of the goods onto which the actual 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 mark).

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