For more information about choosing a filing basis, you may file a trademark application in the U S based on a foreign application, foreign registration, , please watch the news broadcast style video titledFiling Basis Information video7 in the Trademark Information NetworkTMIN) series Under certain international agreements
A Canadian trademark application must include at least one valid basis for registration The three most common bases are1) proposed use in Canada 2) prior use in Canada, and3) registrationor eventual registration) in the home country and use anywhere. Currently, applicants are obliged to list in the application one or more of four filing basesi e actual use in Canada since a specified date; making known in Canada since a specified date; foreign registration in the applicant s home country coupled with use in a WTO member country; and proposed use in Canada) and include a statement that the.
Basing a trademark application on registration and use outside of Canada The landscape following Thymes basis for registering the trademark in Canada. According to Canada s Trade marks vides a searchable database of all decisions made by the Supreme Court of Canada Filing a trademark application Two.
Which filing basis should I use on a trademark application This answer and more.
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Proposed Use A person may apply for registration of a trademark on the basis of intended use in Canada by stating that the applicant intends to use the trademark in Canada The applicant cannot, however, include a claim that he is using the trademark in Canada and a proposed use claim for the same statement of goods and or services. While Canadian trademark laws and regulations are very similar to those of the U S it is important to keep in mind some key differences when filing and prosecuting.
A single trade mark application may rely on more than one basis; however, proposed use in Canada and use in in the Trade marks a filing date for a. Major changes to the Canadian Trademarks Act are expected to be implemented in 2019, including the removal ofuse” as a registration requirement.