Form of Evidence in Examination

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 form of evidence provided under subsection 32(1) of the Trademarks Act.

Evidence provided under subsection 32(1) of the Trademarks Act to establish that a trademark was distinctive at the filing date of the application for its registration must be submitted to the Registrar of Trademarks by way of affidavit or statutory declaration. However, any evidence consisting of a document or extract from a document that is in the official custody of the Registrar may be submitted by way of a certified copy referred to in section 54 of the Act.

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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