Instructions:
Please complete this form to the best of your ability to provide us with information we require to complete your trademark application. Please note one (1) form per trademark should be submitted.
Trademark Searches: While not required when applying for a trademark, we always recommend that we conduct trademark registrability searches in advance of applying for a trademark. The costs of a trademark application will vary depending on if there are any impediments and/or oppositions. A trademark registrability search can help identify the likelihood of such impediments or oppositions. Contact us if you wish to conduct searches in advance.
We understand some concepts might be new to you. If you're unsure about any of your responses e-mail us, we are happy to provide clarification for any of the questions asked. We can be reached at info@oziellaw.ca.
Listing Goods Currently in "Use".
Goods that are currently in "use" refer to goods that (1) have the proposed trademark on the goods themselves (e.g. Macbook has Apple logo on it) or on the packaging (e.g. Fruit Loops has the trademark on the box); and (2) have already been sold and transferred to a purchaser.
When listing Goods that are currently in "use", we require a description of such goods and the earliest date that you have proof that the good was sold and transferred (e.g. a dated invoice).
Listing Services Currently in "Use".
Unlike Goods, Services that are currently in "use" refer to Services that you have displayed or advertised the trademark with. For example, a website advertising your home decor consulting service is sufficient "use" of the services of home decor consulting.
When listing Services that are currently in "use", we require a description of such Services and the earliest date that you have proof that the service was advertised (e.g. a screen shot of a website or advertisement).
Listing Goods and Services with "Proposed Use".
If you wish to apply for a trademark in relation to goods that you are not currently selling/transferring or services that you are not currently advertising/displaying a trademark with, we will apply for the trademark in relation to these goods/services on the basis of "proposed use".
For example, if you wish to apply for a trademark in relation to books that you are not currently selling but intend to sell, we will claim that we "propose to use" the trademark in relation to books. Only list goods/services that you intend on actually selling/transferring (for goods) or advertising (for services) prior to registration (roughly a year and a half). There is no need to indicate any dates for proposed use goods.
