A Guide to Trade-marks: Appendix B

• Format 1
• Format 4

Please note that our office does not supply forms.   It is the responsibility of the applicants to follow the appropriate format and structure their own form.

The following forms may be used, where appropriate, for the submission of information to the Registrar of Trade-marks. The use of these forms is not mandatory. The registrar will accept alternative formats, provided that all information required by the Trade-marks Act or Regulations in the particular circumstance is given.

Instructions for Format 1

(A)(i) In the case of a corporation, give full name.
     (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 his own name, follow his name by the words "trading as" then give the trading name.
     (iii) In the case of a partnership, give the surname and at least one given name for each partner. Follow these names with either the words "a partnership" or the words "trading as" and then give the name under which the partnership trades.

(B) Every address required to be furnished shall be a complete post office address and should include a street name, number and a postal code where one exists.

(C)(i) If the trade-mark is a word or words not depicted in a special form, set out the word or words in upper or lower case letters.
     (ii) If the trade-mark is a design, insert the phrase "shown in the accompanying drawing" and annex the drawing (see the Application section in The Trade-mark Registration Process) to the form.

(D) 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 class. The wares must be described in ordinary commercial terms.

(E) Give the earliest date when the applicant began to use the trade-mark in Canada in association with any of the wares listed in accordance with (D).

(F) 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 (D).

(G) Give the earliest date when the applicant began to use the trade-mark in Canada in association with any of the wares listed in accordance with note (F).

(H) If the trade-mark has been used in Canada in association with the 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 the different general class from those comprising the previously listed, and giving in each case the earliest date when the applicant began to use the trade-mark in Canada in association with any of such wares.

(I) If all the specific services 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 services fall into more than one general class, list here only those falling into one general class. The services must be described in ordinary commercial terms.

(J) Give the earliest date when the applicant began to use the trade-mark in Canada in association with any of the services listed in accordance with note (I).

(K) List here the specific services 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 services listed in accordance with note (I).

(L) Give the earliest date when the applicant began to use the trade-mark in Canada in association with any of the services listed in accordance with note (K).

(M) If the trade-mark has been used in Canada in association with specific services falling into further different general classes, repeat here the words "and in association with the general class of services comprising the following specific services... since..." as often as necessary, listing in each case the specific services falling into the different general class from those comprising the previously listed, and giving in each case the earliest date when the applicant began to use the trade-mark in Canada in association with any such services.

(N) Insert "wares", "services" or "wares and services" as applicable.

Format 1

Application for Registration of a Trade-mark in use in Canada

To: The Registrar of Trade-marks, Gatineau, Canada.

The applicant ________________(A)_________________ whose full post office address of its principal office or place of business is ________________________(B)__________________________ _____________________________________________________ _____________________________________________________ applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

The trade-mark is the word(s) (or is shown in the attached drawing) ________________________(C)__________________________

The trade-mark has been used by the applicant 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 _______(D)_________ ____________________________ since
________________(E)_________________________ and in association with the general class of wares comprising the following specific wares ______________(F)____________________ since __________________(G)____________________. (H)

The trade-mark has been used in Canada by the applicant 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 _____________________(I)____________________ since ____________________(J)____________________, and in association with the general class of services comprising the following specific services _________________(K)___________________ since ____________________(L)___________________. (M)

The applicant is satisfied that he or she is entitled to use the trade-mark in Canada in association with the
__________________(N)___________________ described above.

Instructions for Format 4

(A)(i) In the case of a corporation, give full name.
     (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 his own name, follow his name by the words "trading as" then give the trading name.
     (iii) In the case of a partnership, give the surname and at least one given name for each partner. Follow these names with either the words "a partnership" or the words "trading as" and then give the name under which the partnership trades.

(B) Every address required to be furnished shall be a complete post office address and should include a street name, number and a postal code where one exists.

(C)(i) If the trade-mark is a word or words not depicted in a special form, set out the word or words in upper or lower case letters.
     (ii) If the trade-mark is a design, insert the phrase "shown in the accompanying drawing" and annex the drawing (see the Application section in The Trade-mark Registration Process) to the form.

(D) List all specific wares. The wares should be described in ordinary commercial terms.

(E) List all specific services. The services should be described in ordinary commercial terms.

(F) Insert "wares", "services" or "wares and services" as applicable.

Format 4

Application for Registration of a Proposed Trade-mark

To: The Registrar of Trade-marks, Gatineau, Canada.

The applicant __________________(A)_____________________ whose full post office address of its principal office or place of business is ______________________(B)______________________ _____________________________________________________ applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

The trade-mark is the word(s) (or is shown in the attached drawing) _____________________(C)___________________________

The applicant, by himself/herself or through a licensee, or by himself/herself and through a licensee, intends to use the trade-mark in Canada in association with _____________(D)______________ and requests registration of the trade-mark in respect of such wares.

The applicant, by himself/herself or through a licensee, or by himself/herself and through a licensee, intends to use the trade-mark in Canada in association with ______________(E)_____________ and requests registration of the trade-mark in respect of such services.

The applicant is satisfied that he or she is entitled to use the trade-mark in Canada in association with the __________(F)___________ described above.

A Guide to Trade-marks
| Table of Contents | Introduction | Making sure your Trade-mark can be Registered | The Trade-mark Registration Process | Other Procedures | For More Information | Fees | Appendix A - Twenty Common Questions About Trade-marks | Appendix B - Format of the Application | Appendix C - Your Trade-mark Application | Glossary |