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A Guide to Trade-marks: Appendix C
Some Common Errors to Avoid
You're ready to file your trade-mark application—but first, take some time to go through the following checklist. The
following are some very common errors applicants make that result in delays in processing of the application.
- Filing Fee—Remember, each trade-mark application must be accompanied by
the $150 (effective January 1, 2004 - $250 if submitted on-line or in any other
case $300) filing fee. Please note that payments may be made by credit card (VISA, MasterCard
or American Express), direct payment, deposit account, postal money order or cheque payable
in Canadian dollars to the Receiver General for Canada. Do not add federal and provincial taxes.
- Wares/Services—Make sure you include all the wares and/or services with which you intend to use, or have
used, your trade-mark since you will not be permitted to extend your wares and/or services after filing the application.
Remember, wares or services that have been used should be listed separately from wares or services that are proposed to be
used. There is a requirement in the Trade-marks Act, that the wares and services applied
for be in specific ordinary commercial terms. In other words, your application should state
common names for the wares and services in a complete and specific way as possible. To assist
you in this, the Wares and Services Manual appears on CIPO's Web site and provides
acceptable identifications of many wares and services pursuant to paragraph 30(a), and also
provides guidelines by way of example for identifying those wares and services not listed.
- Date of First Use in Canada—If you have used your trade-mark in Canada in association with wares and/or
services, you must provide the Trade-marks Office with the date of first use. Make sure that the date of first use does not
fall AFTER the filing date of your application, which is the date your application is received by the Trade-marks Office.
If this is the case, you should probably file under proposed use.
- Acceptable Date of First Use—You may not be aware that when you do not provide the day and/or month of the
date of first use, the Trade-marks Office will assume this means either the last day of the month (if you don't provide the
day), or the last day of the year (if you haven't provided the month). This means, for example, that if you file your
application in 1997, and then state that you have used your trade-mark in association with your wares/services "since
1997", the Trade-marks Office will assume this means the last day of 1997. This can render your date of first use
unacceptable, since it could fall AFTER your filing date.
- Is it a Word or is it a Design?—You must be clear about what you want to register. Is it a word or words
not depicted in a special form? If so, simply state "The trade-mark is", and set out the word or words in upper or lower
case letters. If the trade-mark is a design, state "The trade-mark is shown in the accompanying drawing", and attach the
drawing to the application in this space (e.g. with glue or staples). Do not do both, as this could cause confusion
and result in your application being delayed. If you are having trouble deciding what you want to register, you can refer
to the Application section in The Trade-mark
Registration Process, or call the CIPO information line at (819) 997-1936 and an Information Officer will be happy to
answer any questions you may have.
- One Trade-mark per Application—Only one trade-mark can be applied for on each application. Trying to
register more than one word mark or design on the same application will result in the application being delayed. Again, if
you're not sure what you want to register, call the CIPO information line at (819) 997-1936.
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 |
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