The Wares and Services Manual

User Guide

1.2   Wares

Wares are listed in alphabetical order and an explanatory legend appears at the top of the first page of each letter. Wares shown in bold are acceptable without further specification. The wares shown in italics are not acceptable without further specification. However, a description of wares listed as unacceptable in the Manual, but that can be understood as being sufficiently specific when read in the context of the entire statement of wares/services, may be acceptable (see section 1.2.3).

1.2.1   Acceptable Wares Listed in Bold

Where a general category of wares is listed in bold, the individual wares included in that category are usually not listed in the Manual. For example, the general category "casual clothing" is listed in the Manual as acceptable, therefore individual items in this category such as blouses, skirts and pants do not appear in the Manual. Similarly, "dairy products" is an acceptable general category, therefore individual wares in this category such as cheese, milk, butter and yogurt, do not appear in the Manual. In other words, even though items within an acceptable category of wares are not individually listed in the manual, each of the items is considered acceptable. As a general rule, wares that are more specifically described than an entry listed in bold, will be considered acceptable.

1.2.2   Unacceptable Wares Listed in Italics

The wares shown in italics are not acceptable without further specification. Directions for specifying these wares in ordinary commercial terminology are provided, after the unacceptable wares.

The directions provide definite and acceptable identification of the wares by differentiating their various types, their function and/or their areas of use. For example, "clothing" is an insufficiently specific ware. However, "exercise clothing" and "baby clothing," which are both examples of specifically defined types of "clothing," are acceptable. Another example would be the wares "appliances," which are insufficiently defined. However, "small electrical kitchen appliances" and "dental appliances," both of which are examples of specifically defined types of "appliances," are acceptable. At times, in order to specifically define a ware, the area of use of the ware is required. For example "stuffing" is an insufficiently defined ware. However, "for use in food," or "for use in toys," are both specifically defined areas of use for "stuffing," and are acceptable.

1.2.3   Context Serves to Specify Otherwise Unacceptable Wares

In some cases, the context may serve to specify an otherwise unacceptable identification of wares. In other words, a description of wares listed as unacceptable in the Manual, but that can be understood as being sufficiently specific when read in the context of the entire statement of wares, may be acceptable. For example, "cases" alone are not acceptable as they could include any type of "cases" from camera cases to pillowcases. However, in an application for "cameras, tripods and cases," the wares "cases" would be acceptable as it is clear from the context that the "cases" would be restricted to camera cases. Similarly, "carriers" alone are not acceptable as they could include any type of "carriers" from bicycle carriers to pet carriers. However, in an application for "pet beds and carriers," the wares "carriers" would be acceptable, as it is clear from the context that the "carriers" would be restricted to pet carriers.

1.2.4   "Namely," "Consisting of" or "Specifically"

The specification of wares must be specific and avoid indefinite words and phrases. The terms "and the like," "and similar goods" are not acceptable as terms for specifying wares. Wares that require specificity can be described using the definite terms "namely," "consisting of" or "specifically." For example, in the case of "alarms" which is not acceptable by itself, specification with the definite term "namely" or "specifically" would be acceptable, e.g., "alarms, namely, fire, car and burglar." Alternatively, wares can be specified by listing each type of ware such as "fire alarms, car alarms, and burglar alarms."

Another example would be "frames" which alone is not acceptable; "frames" must be described specifically as to type, e.g., "door frames," "eyeglass frames" or, by using a definite term such as "consisting of," e.g., "frames consisting of door frames," "frames consisting of eyeglass frames."

For those wares listed in the Manual that require specificity as to their area of use or function, such as "catalysts," for example, the following provides suggested wording; "catalysts for use in oil processing," "catalysts for use in the manufacture of industrial chemicals," "catalysts for use in the manufacture of rubber," etc.

Note that the indefinite terms "such as," and "in particular" are acceptable only when they follow an acceptable statement of wares.

1.2.5   Specific Circumstances

1.2.5.1   Parts and Fittings

In general "parts and fittings" are acceptable if the item for which the parts and fittings is intended is provided. For example "automobiles and parts and fittings therefore," and "washers, dryers, dish washers and parts and fittings for the aforementioned goods," would be acceptable.

1.2.5.2   Accessories

As a general rule, wares including the term "accessories" such as "automobile accessories," "fishing accessories," "pet accessories," or "computers and accessories," are not considered acceptable without further specification, since "accessories" in this context can encompass different types of wares, with different channels of trade, which are not necessarily sold in close proximity. "Automobile accessories," for example could reasonably include everything from air deodorizers to first-aid kits to portable televisions.

Similarly, "fishing accessories" could include a broad range of wares such as flashlights, insect repellent, sunscreen and weighing scales. Likewise, the wares "pet accessories" could include such wares as heat lamps, thermometers, van cargo liners and vitamins. "Computers and accessories" could include such wares as headphones, footrests, screen cleaning wipes and mouse pads.

In rare circumstances, wares including the term "accessories" without further specification may be acceptable if the following three criteria are met; the accessories are reasonably understood in the trade to be a recognized set of items, with the same channels of trade and which are typically sold in close proximity. One example would be "hair accessories" as the accessories are confined to wares such as barrettes, clips, ponytail holders and side combs, which are understood in the trade as a recognized set of items, with the same channels of trade and which are typically sold in close proximity. Another example would be "action figures and accessories" as the accessories are understood in the trade to be a recognized set of items, with the same channels of trade and which are typically sold in close proximity.

1.2.5.3   Equipment

As a general rule, wares including the term "equipment" such as "fishing equipment," "tennis equipment," "laboratory equipment" or "telecommunications equipment" are not acceptable without further specification, since "equipment" in this context can encompass different types of wares, with different channels of trade, which are not necessarily sold in close proximity to each other. "Fishing equipment," for example, could reasonably include everything from commercial fishing nets to fly fishing tackle to boats, to specialized clothing for fishing such as vests, hats and hip waders. Similarly, "tennis equipment" could include a broad range of wares such as tennis racquets and tennis balls, specialized court shoes and clothing, and court equipment such as nets, posts, tennis ball machines, tennis ball retrievers and tennis court paint. "Laboratory equipment," for example, could include everything from test tubes to refrigeration units to analytical equipment such as mass spectrometers and electron microscopes and their specialized software. "Telecommunications equipment" could include everything from items for the end user such as fax machines, mobile phones and two way radios, to wares that support telecommunications delivery such as communication towers, satellite dishes and fibre optic cable.

In rare circumstances, wares including the term "equipment" without further specification may be acceptable, if the function and/or the area of use of the equipment can be reasonably understood to be very narrow. One example would be "hedge trimming equipment" as hedge trimming is clearly understood as a singular activity, (that of trimming hedges), and the equipment confines itself to manual or power operated cutting tools for trimming hedges. Another example would be "hair cutting equipment" as hair cutting is clearly understood as a singular activity, (that of cutting hair), and the equipment confines itself to manual or power operated tools for cutting hair.

1.2.5.4   Apparatus

As a general rule, wares including the term "apparatus" such as "teaching apparatus," "breathing apparatus," "massage apparatus," or "measuring apparatus," will not be acceptable without further specification since "apparatus" in this context can encompass different types of wares, with different channels of trade, and which are not necessarily sold in close proximity to each other. "Teaching apparatus," for example, could reasonably include everything from computer software, to teaching toys to notebooks to videotapes. Similarly, "breathing apparatus" could include everything from self-contained rebreathers for divers, to airline respirators to disposable bag valve masks. "Massage apparatus," for example, could include everything from "massage tables" to "facial massagers" to "gum massagers." "Measuring apparatus" could include everything from "blood pressure monitors" to "temperature gauges" to "decibel meters" to "balloon borne cloud condensation nucleus counters."

In rare circumstances, wares including the term "apparatus" without further specification may be acceptable if the function and/or area of use of the apparatus can be reasonably understood to be very narrow. One example would be "blood pressure measuring apparatus"; these wares are understood in the trade to refer to a limited set of items in the medical field such as electronic digital monitors or a cuff and separate stethoscope. Another example would be "anesthetic delivery apparatus"; these wares are understood in the trade to refer to a limited set of items in the medical field such as the anesthetic machine, vaporizers, ventilators and monitors.

1.2.5.5   Intangibles

Intangibles such as "websites," "electricity" and "domain names" are normally considered services and are listed in the Manual as: "designing websites"; "utility services namely the transmission of electricity and natural gas and water and sewer management "; "selling domain names." Where an application lists such intangibles in the statement of wares, and it appears that the applicant may actually be offering a service, the examiner should so advise the applicant.

1.2.5.6   Device

The word "device" should not be used to describe an article that has an ordinary commercial term. However, if the applicant or the applicant"s agent confirms that there is no ordinary commercial term to describe the goods and if the examiner is not certain that there is an ordinary commercial term to describe them, they may be acceptable if their field and function is provided. The statement of wares/services must make it possible for the examiner to assess whether the mark is clearly descriptive or deceptively misdescriptive and/or confusing with another mark(s). By way of example, the following would be acceptable, "a medical device, namely a device for the qualitative detection of antibodies in human specimens collected as plasma or dried blood spots" and "an electronic medical device implanted in the eye to help restore vision." If it is certain that the wares have an ordinary commercial term, then the examiner is to maintain the paragraph 30(a) objection.

1.2.5.7   Pharmaceutical Preparations

The wares "pharmaceutical preparations" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act. The fundamental principles for determining the acceptability of wares and services apply equally to pharmaceuticals, and are: the ability (a) to assess whether paragraph 12(1)(b) of the Trade-marks Act applies; (b) to assess confusion with another mark; and (c) to assess whether accepting the wares/services as described will grant the applicant an unreasonably wide ambit of protection.

Pursuant to these principles, the Trade-marks Office, for the purposes of paragraph 30(a), requires "pharmaceutical preparations" to be specified in greater detail by either (a) naming the disease, or (b) specifying the disease group or type of disease, disorder or condition to be treated, or (c) by indicating the specific type of medication.

1.2.5.8   Veterinary Pharmaceutical Preparations

The wares "veterinary pharmaceuticals" or "veterinary preparations" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act.

The same principles (as set out above) used in the examination of pharmaceutical preparations, apply to the examination of veterinary pharmaceuticals; however, the differences between veterinary medicine and treatment of conditions, disorders and diseases in humans must be taken into account. It should be noted, much of veterinary medicine is divided into areas relating to specific animals or groups of animals, and often relates to the prevention rather than treatment of disease.

1.2.5.9   Botanicals, Homeopathic Remedies, Herbal Supplements, Nutraceuticals

The wares "botanicals," "homeopathic remedies," "herbal supplements" and "nutraceuticals" are not considered sufficiently specific to meet the requirements of paragraph 30(a) of the Trade-marks Act which requires that an application for the registration of a trade-mark contain a statement in ordinary commercial terms of the specific wares or services with which the mark has been used or is proposed to be used.

The Trade-marks Office, for the purposes of paragraph 30(a), requires "botanicals," "homeopathic remedies," "herbal supplements," and "nutraceuticals" to be specified in greater detail by either (a) naming the disease, or (b) specifying the disease group or type of disease, disorder or condition to be treated, or (c) by indicating the specific type of botanical, herbal supplement, homeopathic pharmaceutical or nutraceutical. The examination of these types of wares will apply the same principles as the examination of pharmaceutical preparations as set out above.

1.2.6   Locating Wares With Multiple Descriptors in the Manual

Many wares such as "kits" and "panels" are extremely broad in scope and require multiple words for appropriate description and specification. In such cases, guidelines for their acceptable specification will be found listed under the main descriptor of the wares, such as "kit" or "panel," and not alphabetically under the first word describing the ware. For example, "Easter egg decorating kit," "first-aid kits" and "axle boot kits," are all listed as acceptable under "kits"; similarly "acoustical insulation barrier panels" and "solar heating panels," can both be found under "panels."

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