Removal of claims of Registration

From: Canadian Intellectual Property Office

Publication Date: June 17, 2019

This notice is intended to clarify the practice of the Trademarks Office with respect to the removal of bases of registration (claims) in trademark applications that have been filed but not advertised before June 17, 2019, namely the coming into force of the amendments to the Trade-marks Act (the “Act”).

While the Office will not require that any claims of proposed use, use in Canada or use and registration abroad be removed from these applications, they will not appear in the particulars of the advertisement after June 17, 2019. If the applicant chooses to remove such claims from the application, the Office will accept amendments to do so, but only prior to registration.

This practice notice is intended to provide guidance on the Canadian Intellectual Property 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. The provisions of this practice notice are general guidelines only, are not binding in any particular case and are subject to change.

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