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To: The Registrar of Trade-marks
Gatineau, Quebec.
1. The applicant, (a).......... the full post office
address of whose principal office or place of
business is.......... applies for the registration, in
accordance with the provisions of the Trade-marks
Act, of the trade-mark identified below.
2. The trade-mark is
refer to (b) (i) and (ii)
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| Omit this par. if there is no disclaimer. |
3. The applicant disclaims the right to the
exclusive use of (c).......... apart from the trade-mark.
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| Omit this par. if
reg'n. is requested only in respect of services.
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4. The trade-mark has been used in Canada by
the applicant (or his predecessor(s) in title
(d)..........) in association with all the specific
wares listed hereafter, and the applicant requests
registration in respect of such wares. The trade-mark
has been so used in Canada in association
with the general class of wares comprising the
following specific wares (e).......... since
(f).......... and in association with the general
class of wares comprising the following specific
wares (g).......... since (h).......................(j).
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| Omit this par. if
reg'n. is requested only in respect of wares. |
5. The trade-mark (k) has been used in
Canada by the applicant (or his predecessor(s)
in title (d).......... in association with all the
specific services listed hereafter, and the
applicant requests registration in respect of such
services. The trade-mark has been so used in
Canada in association with the general class of
services comprising the following specific
services (e).......... since (f).......... and in
association with the general class of services
comprising the following specific services
(g).......... since (h)..............(j).
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| Omit this par. if the address in
par. 1 is a Canadian address or the applicant has no office or place of business in Canada.
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6. The address of the applicant's principal
office or place of business in Canada is..........
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| Omit this par. if
a Canadian address of the applicant is given in par. 1 or
par. 6 and the applicant does not wish to appoint a special
representative for service.
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7. The applicant appoints (l).........., whose full
post office address in Canada is.......... as the
person (or firm) to whom any notice in respect
of the application or registration may be sent,
and upon whom service of any proceedings in
respect of the application or registration may be
given or served with the same effect as if they
had been given to or served upon the applicant
or registrant.
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| Insert this par.
only where the benefit of sec. 14 of the Act is claimed on the
basis of a reg'n. in or for the country of origin.
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8. The trade-mark has been duly registered by
the applicant (or the applicant's predecessor in
title named in such registration (m)) in or for
(n).........., the country of origin of the applicant
(or the said predecessor (m)). The registration
was made in (o) ... on .......... under No..........,
and the applicant claims the benefit of section
14 of the Act on the basis of such registration.
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| Insert this par. only where
Convention priority is claimed under sec. 34 of the Act. |
9. The applicant claims priority under section
34 of the Act on the ground that an application
for registration of the same or substantially the
same trade-mark was filed in or for (q) ... by the
applicant (or the applicant's predecessor in title
named in the said application (p)). The
application was filed in (r).......... on
(s).......... under No. (t)......... and such
application was the earliest application filed in
any country of the Union other than Canada by
the applicant or any predecessor in title of the
applicant for the registration of the same or
substantially the same trade-mark for use in
association with the same kind of wares (or
services) as those set out above. At the date of
such application the applicant (or the
predecessor in title aforesaid) (u).......... the
country aforesaid.
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10. The applicant is satisfied that he is entitled
to use the trade-mark in Canada in association
with the (v).......... described above.
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Instructions for Form 1. |
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(a) |
(i) |
In the case of a corporation, give full name. |
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(ii) |
In the case of an individual, give the
surname and at least one given name. If the individual trades under
a name other than the individual's own name, follow the individual's
name by the words "trading as" and then give the trading name.
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(iii) |
In the case of a partnership, give the
name under which the partnership trades.
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(b) |
(i) |
If the trade-mark is a word or words
not depicted in a special form, set out the word or words in capital letters.
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(ii) |
If the trade-mark is a design, insert
the phrase "shown in the accompanying drawing" and annex
the drawing (see rule 27) to the form.
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(c) |
Paragraph 3 is necessary only where
some portion of the trade-mark is not independently registrable and the right to
its exclusive use apart from the trade-mark is disclaimed either voluntarily or
at the direction of the Registrar. In such case the portion disclaimed must be
identified here.
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(d) |
Insert this phrase only if the trade-mark
has been used in Canada by a predecessor of the applicant in
association with any of the specific wares listed below in this paragraph (in
accordance with notes (e) and (g)). If so,
name the predecessor who began to use the trade-mark in association with any of
the specific wares listed, and name also any intervening predecessor down to the
applicant.
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(e) |
If all the specific wares in association
with which the trade-mark has been used in Canada, and in respect of which
registration is requested, fall into a single general class, list them all here. If such
wares fall into more than one general class, list here only those falling into one
general class. The wares must be described in ordinary commercial terms.
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(f) |
Give the earliest date when the applicant
or a predecessor began to use the trade-mark in Canada in association with any
of the wares listed in accordance with note (e).
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(g) |
List here the specific wares in
accordance with which the trade-mark has been used in Canada, and in respect
of which registration is requested, which fall into a different general class from
that comprising the wares listed in accordance with note (e).
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(h) |
Give the earliest date when the applicant
or a predecessor began to use the trade-mark in Canada in association with any
of the wares listed in accordance with note (g).
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(j) |
If the trade-mark has been used in Canada in association with specific
wares falling into further different general classes, repeat here the words
"and in association with the general
class of wares comprising the following specific wares.......... since.........."
as often as necessary, listing in each case the specific wares falling into a different
general class from those comprising the wares previously listed, and giving in
each case the earliest date when the applicant or a predecessor began to use
the trade-mark in Canada in association with any of such wares.
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(k) |
In completing this paragraph, notes (d) to
(j) should be read with the substitution of "services" for "wares".
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(l) |
Give the name of a person or firm in
Canada appointed as the applicant's representative for service.
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(m) |
Omit this phrase if the trade-mark was
registered in or for the country of origin by the applicant.
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(n) |
Name the country of origin (see def.
"country of origin" in sec. 2 of the Act) of the applicant or a predecessor in or for
which the trade-mark is registered.
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(o) |
Name the country or the Office where
the trade-mark is registered and give the date of registration.
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(p) |
Omit this phrase if the application on
which the priority claim is based was made by the applicant.
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(q) |
Name the Union country (see definition
of "country of the Union" in Section 2 of the Act), in or for which the first
application for registration of the trade-mark was filed and where the applicant
or a predecessor was then a citizen or national or domiciled or had a real business.
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(r) |
Name the country or Office where the
application for registration was filed.
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(s) |
Give the date of filing of the application.
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(t) |
Give the number of the application if
available. Otherwise it will have to be supplied later.
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(u) |
Insert here one of the following
statements as applicable: "was a citizen of", "was a national of", "was domiciled
in", or "had a real and effective industrial or commercial establishment in".
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(v) |
Insert "wares", "services" or "wares and
services" as applicable.
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