Canadian Intellectual Property Office Trademarks …donnees-data.opic-cipo.gc.ca/dd/wp-content/uploads/2019/...CANADIAN TRADEMARKS DATA DICTIONARY XML ST.96 DOCUMENT VERSION: 2.0 PAGE

Canadian Intellectual Property Office

Trademarks Data Dictionary WIPO standard XML ST.96

Version 2.0

2018.12.17

CANADIAN TRADEMARKS DATA DICTIONARY XML ST.96

___________________________________________________________________________________________________________ DOCUMENT VERSION: 2.0 PAGE 2 OF 133 DATE: 2018-12-17 GCDOCS: 13493413

To obtain a copy of this publication, or to receive it in an alternate format (Braille, large print, etc.), please fill out the Publication Request Form at www.ic.gc.ca/Publication-Request or contact: Web Services Centre Innovation, Science and Economic Development Canada C.D. Howe Building 235 Queen Street Ottawa, ON K1A 0H5 Canada Telephone (toll-free in Canada): 1-800-328-6189 Telephone (international): 613-954-5031 TTY (for hearing impaired): 1-866-694-8389 Business hours: 8:30 a.m. to 5:00 p.m. (Eastern Time) Email: [email protected] Permission to Reproduce Except as otherwise specifically noted, the information in this publication may be reproduced, in part or in whole and by any means, without charge or further permission from the Department of Industry, provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that the Department of Industry is identified as the source institution; and that the reproduction is not represented as an official version of the information reproduced or as having been made in affiliation with, or with the endorsement of, the Department of Industry. For permission to reproduce the information in this publication for commercial purposes, please fill out the Application for Crown Copyright Clearance at www.ic.gc.ca/copyright-request or contact the Web Services Centre mentioned above. © Her Majesty the Queen in Right of Canada, as represented by the Minister of Innovation, Science and Economic Development Canada, (2018) Cat. No. Iu71-4/62-2018E-PD ISBN 978-0-660-28914-4 Aussi offert en français sous le titre Dictionnaire de données des marques de commerce pour la norme XML ST.96 de l’OMPI.


______________________________________________________________________________________ DOCUMENT VERSION: 2.0 PAGE 3 OF 133 DATE: 2018-12-17 GCDOCS: 13493413

TABLE OF CONTENTS

1.0 DESCRIPTION OF A TRADEMARK .................................................................... 5

2.0 OVERVIEW OF THE CANADIAN TRADEMARK DATA ...................................... 6 2.1 What information is supplied?............................................................................ 6

2.1.1 Trademarks data ........................................................................................ 6 2.1.2 Other trademark-related data .................................................................... 6 2.1.3 Trademarks designs .................................................................................. 7 2.1.4 Update file data .......................................................................................... 7 2.1.5 Deletion file data ........................................................................................ 7 2.1.6 Enumeration values and schema .............................................................. 8 2.1.7 Country and office data .............................................................................. 8 2.1.8 Dates ......................................................................................................... 8

2.2 Trademark information included ........................................................................ 9 2.3 Description of media ........................................................................................ 10 2.4 Description of file structure .............................................................................. 10

3.0 DETAILED DESCRIPTION OF A TRADEMARK XML FILE .............................. 11 Trademark Bag ........................................................................................................ 12 Mark Representation ............................................................................................... 18 Goods & Services Bag ............................................................................................ 25 Priority Bag .............................................................................................................. 29 Publication Bag........................................................................................................ 31 Applicant Bag .......................................................................................................... 31 National Representative .......................................................................................... 34 National Correspondent ........................................................................................... 36 Authorization............................................................................................................ 37 Mark Event Bag ....................................................................................................... 38 Mark Feature Description ........................................................................................ 40 Legal Proceedings Bag ........................................................................................... 40 Cancellation Proceedings ........................................................................................ 40 Opposition Proceeding Bag ..................................................................................... 53 National Trademark Information .............................................................................. 67 Section 9 68 Trademark Class ..................................................................................................... 70 Legislation ............................................................................................................... 70 Geographical Indication ........................................................................................... 71 Footnote Bag ........................................................................................................... 74 Categorized Text Bag .............................................................................................. 76 National Associated Mark Bag ................................................................................ 78 Doubtful Case Bag .................................................................................................. 79 Claim Bag ................................................................................................................ 80 Index Heading Bag .................................................................................................. 83 Mark Translation or Transliteration .......................................................................... 84 Interested Party Bag ................................................................................................ 84

APPENDIX A — MAPPING OF WIPO STATUS WITH CIPO’S STATUS ..................... 88

APPENDIX B — DEFINITION OF WIPO CATEGORY TYPES ...................................... 90



APPENDIX C — MARK FEATURE CATEGORY TYPES .............................................. 92

APPENDIX D — CANADIAN EXTENSIONS TO THE VIENNA CLASSIFICATION ...... 93

APPENDIX E — CLASSIFICATION DATA .................................................................... 96

APPENDIX F — WIPO MARK EVENT ........................................................................... 97

APPENDIX G — CIPO OFFICE ACTIONS .................................................................... 99

APPENDIX H — CIPO OPPOSITION STAGES ........................................................... 109

APPENDIX I — CIPO OPPOSITION AND EXPUNGEMENT ACTIONS ..................... 110

APPENDIX J — CIPO EXPUNGEMENT STAGES ...................................................... 121

APPENDIX K — CIPO TRADEMARK STATUS .......................................................... 122

APPENDIX L — CIPO TRADEMARK CLASSIFICATION ........................................... 126

APPENDIX M — CIPO FOOTNOTES .......................................................................... 127

APPENDIX N — CIPO APPLICATION TEXT .............................................................. 128

APPENDIX O — GI CATEGORY TYPE FOR AGRICULTURAL PRODUCTS AND FOODS .......................................................................................................................... 129

APPENDIX P – INTERESTED PARTY MAPPING ....................................................... 130

DEFINITIONS, ACRONYMS AND ABBREVIATIONS ................................................. 131



1.0 DESCRIPTION OF A TRADEMARK

A trademark is a word, symbol or design, or a combination of these, used to distinguish the goods or services of a person or organization from the goods or services of others in the marketplace. The Canadian Trademarks Database contains information on trademarks and trademark-related items. The related items are areas of information which are not by definition trademarks, yet may be important when determining if a new trademark application is registrable. A full description of what constitutes a trademark is provided in the Trade-marks Act and Regulations.

A copy of this publication may be requested from the following address:

Canadian Intellectual Property Office (CIPO) Place du Portage I 50 Victoria St., room C114 Gatineau, QC K1A 0C9 Additional information on Canadian trademarks can be found at the Canadian Intellectual Property Office website at:

cipo.gc.ca



2.0 OVERVIEW OF THE CANADIAN TRADEMARK DATA

Canadian trademarks data contain information on trademarks and related items. This section will give an overview of what information is supplied, the approximate volumes of information, the transfer media and a description of the file structures.

2.1 What information is supplied?

This subsection describes the information which is being provided. Where appropriate, volumes will be indicated as well as the volumes of updates and estimates of annual growth. These volumes will be rough approximations and are based on volumes at the time of this document’s creation.

2.1.1 TRADEMARKS DATA

Trademarks data presently consists of all textual information captured by CIPO for a trademark. These trademarks may be pending, registered, abandoned, refused, cancelled or expunged. Not all inactive trademarks are contained within the information base. The information base does not contain all trademarks which were cancelled or expunged prior to 1979 or applications abandoned or refused prior to 1980. The collection does contain applications published under section 9 of the Trade-marks Act. These section 9 applications also include “6ter” marks approved under paragraph 9(1)(i) and subparagraphs 9(1)(i.1) and 9(1)(i.3).

2.1.2 OTHER TRADEMARK-RELATED DATA

The trademarks database is constantly being expanded to include other information related to trademarks. Although this information is not truly trademark data, it is related to trademarks in that a trademark application may be refused based on this related information. Examples of this are the symbols and badges of the Boy Scouts of Canada or the Girl Guides of Canada and the Plant Breeder’s Rights Act which is registered with the Canadian Food Inspection Agency. This related information is combined with the other trademark data and is identified by the Act (legislation) under which the information is protected. A complete list is provided in the detailed record layouts later in this document. For the three examples provided above, the legislations are the Scouts Canada Act, “an Act to Incorporate the Canadian General Council of Girl Guides” and the Plant Breeders’ Rights Act.



The following approximate volumes have been identified:

Applications

Pending applications: 168,600

Registered trademarks: 573,500

Abandoned/Refused: 465,600

Expunged/Cancelled: 332,500

Section 9 applications: 29,600

Total: 1,569,800

Weekly new applications: 1,000

Weekly updates (apps/regn): 17,000

Deletion records (per week): 5

Annual new filings: 50,000

Annual growth: 5%

2.1.3 TRADEMARKS DESIGNS

The trademarks designs are also provided. The dissemination file will contain the image of the design mark in PNG format at 300 dpi. Most of the designs are in black and white, with approximately 30% being in grey scale. The format of the designs’ names will be “nnnnnnn.PNG” with “nnnnnnn” being the application number of the trademark. There are presently over 400,000 designs. The trademark design file sizes range from 300 Kb for black and white and 800 Kb for grayscale.

2.1.4 UPDATE FILE DATA

An update file is supplied on a weekly basis. This file will contain information relating to trademarks that have been modified since the last update. The update file name is: CA-TMK-UPDATE_[start date]-[end date]_[first application number]_[last application number]_[sequence number].zip.

2.1.5 DELETION FILE DATA

A deletion file is supplied as needed. This file will contain a record for each application number extension counter which has been deleted from the collection. This file is most often used when an extension of goods/services is registered and merged with its original registration. The average volume for this file is 5 records per week. The deletion file name is: CA-TMK-DELETE_YYYY-MM-DD-00h00m00s.zip.



The deletion file will contain a record for each application or application for extension of goods/services which is to be deleted. This file is created when an application was created in error or an application for extension of goods/services is registered. When an extension is registered, the information from the extension is merged with the original registration, at which point the application for extension records are deleted. This file is created to inform the external data distributor when either of these situations occurs. All records for the supplied application number and extension counter combination should be removed from their information files.

2.1.6 ENUMERATION VALUES AND SCHEMA

Enumeration values in WIPO Standard ST.96 are provided in English. CIPO will distribute enumeration values in both official languages for terms used by Canada. The values will be provided in an XML file, CAEnumerationTranslation_V3_0_YYYY-MM-DD.xml, which will be included in the global schema package CA-TMK-GLOBAL_YYYY-MM-DD_Schemas.zip. The corresponding schema for this file is CAEnumerationTranslation_V3_0 _YYYY-MM-DD.xsd.

2.1.7 COUNTRY AND OFFICE DATA

The international standard ISO 3166-1, “Codes for the representation of names of countries and their subdivisions – Country Codes”, is used to represent countries for postal addresses. The WIPO standard ST.3, Two-Letter Codes for the Representation of States, Other Entities and Intergovernmental Organizations, is used to indicate the name of the country or the office with which the earlier filing was made when trademark applicants claim priority filing.

When the country is missing for a postal address, the address information will be provided in an unstructured format.

2.1.8 DATES

Most dates contained in the file are in the format YYYY-MM-DD. When the dates cannot be distributed in this format, they will be made available in an unstructured format. This situation is found in the claims section.

For certain claim dates, the day or the month and day may be zeros (i.e. 19421100 or 19420000). In these cases the day or the month and day will be blank for display purposes (i.e. Date of first use in Canada Nov/Nov 1942 or Date of first use in Canada 1942). If the day is zero (i.e. 19421100 Date of first use in Canada, Nov. 1942) the end of the month is assumed. If the month and day are zero (i.e. 19420000, Date of first use in Canada 1942) the end of the year is assumed.



2.2 Trademark information included

The following list will highlight the types of information which are available for a trademark. Not all information is available for all trademark(s); it depends on the status of the trademark application. All applications are assigned a unique application number. Any application to extend goods/services will have a unique extension counter. Within the data will be codes for certain information. The expanded versions of the codes are described in the detail record layout. If the expanded code values are to be shown in both official languages, both language versions of this manual are required.

Trademark

Claims

Trademark Design Description

Related Dates and Numbers (filing, registration, ...)

Foreign Character Translations and Transliterations

Associated Marks

Owner Name and Address

Disclaimers

Agent and/or Representative for Service

Assorted Text

Goods and/or Services

Historical Footnotes

Opponents and other Interested Parties

A list of all actions for an application

A list of all opposition or Section 44/45 cases for an application

A list of all actions for an specific opposition or Section 44/45 case


______________________________________________________________________________________

2.3 Description of media

The trademark and related information is supplied in UTF-8 format where ZIP is the compression used for dissemination.

Backfile products

Trademarks back file data are available on DVD. Back file data provides the means to build an initial database. Trademark back file designs, sounds and videos are available in non-compressed PNG, MP3 and/or MP4 format on DVD.

Weekly updates

Weekly updates of trademark data, designs and sounds are available as an automated file transfer by FTP every Tuesday. They include changes to existing data and new applications. The designs are supplied in non-compressed PNG format, the sounds in MP3 format and the videos in MP4 format. The update and deletion files containing specific application numbers/extension counter numbers for deleted applications and matured extensions are sent to the data distributors on a weekly basis.

Semi-annual updates (global refresh)

Trademark data, designs and sounds are updated semi-annually to refresh an existing database. The semi-annual updates are provided on DVD. The semi-annual update file name is: CA-TMK-GLOBAL_[extraction date]_[first application number]_[last application number]_[sequence number].zip.

The semi-annual update will also contain a schema folder named CA-TMK-GLOBAL_[ extraction date]_Schemas.zip.

2.4 Description of file structure

CIPO’s trademarks data is distributed in the XML schemas as defined in the WIPO Standard ST.96 version 3.0. All information regarding this standard as it relates to the file structure and technical specification can be found on the WIPO website at:

http://www.wipo.int/standards/en/st96/



3.0 DETAILED DESCRIPTION OF A TRADEMARK XML FILE

No. Data XML ST.96 element CIPO’s description of element Sub-element(s) CIPO’s flat file reference

TRADEMARK APPLICATION

1. Trademark Application Type

<tmk:TrademarkApplication com:ipoVersion= ”V1_4” com:st96Version ”V3_0”>

This element determines which schema versions are in use in the document.

com:ipoVersion contains the version of XML schema currently in use by CIPO.

com:st96Version contains the version of the WIPO’s XML standard ST.96 schema.

Request Search

Request Examination

Trademark Bag

2. Substantive Search Indicator

<tmk:RequestSearch> This element indicates when a confusion search was performed against the trademark.

Request Search Category

3. Request Search Category

<tmk:RequestSearchCategory>Normal</tmk:RequestSearchCategory>

This element indicates when a confusion search has been performed against the trademark.

The values are:

- No search

- Normal

- Accelerated

- Earlier search

- Undefined

N/A

4. Expedited Examination Indicator

<com:RequestExamination> This element indicates if the applicant requested an expedited examination and the request was granted by the Office.

Request Examination Category

5. Request Examination Category

<com:RequestExaminationCategory>Normal</com:RequestExaminationCategory>

This element contains the value indicating if an expedited examination was performed.

The values are:

- Normal

- Accelerated

- Undefined

N/A




TRADEMARK BAG

6. Trademark Bag <tmk:TrademarkBag> This element is a container for a Trademark. Trademark Record Type 012 H1R2-TRADE-MARK

7. Trademark <tmk:Trademark com:operationCategory="Update">

This element contains all the properties of a Trademark.

com:OperationCategory will indicate the type of operation performed on the trademark. The value can be Update or Delete.

(see table of contents)

8. Registration Office Code

<com:RegistrationOfficeCode>CA</com:RegistrationOfficeCode>

This element indicates the Registration Office of the Trademark. The two-letter code represents the country, state, entity or organization of the office (WIPO’s Standard ST.3). In this case, CA is for Canada.

N/A

9. Receiving Office Code

<com:ReceivingOfficeCode>CA </com:ReceivingOfficeCode>

This element indicates the Receiving Office of the Trademark. The two-letter code represents the country, state, entity or organization of the office (WIPO’s Standard ST.3). In this case, CA is for Canada.

N/A

10. Receiving Office Date

<com:ReceivingOfficeDate> 2013-03-19 </com:ReceivingOfficeDate>

This element contains the date the Trademark was received by the Receiving Office.

N/A

11. Application Number

<com:ApplicationNumber> This element contains the information on the application number (which office assigned the application number and the application number).

IP Office Code

ST.13 Application Number

Record Type 011 H1R1-APP-NUM

H1R1-EXT-CTR

12. IP Office of the application number

<com:IPOfficeCode>CA</com:IPOfficeCode>

This element indicates the IP Office who assigned an Application Number to the Trademark. The two-letter code represents the country, state, entity or organization of the office (WIPO’s Standard ST.3). In this case, CA is for Canada.

N/A




13. ST.13 Application Number

<com:ST13ApplicationNumber> 300000010269700</com:ST13ApplicationNumber>

The trademark application number format recommended in WIPO Standard ST.13. The ST.13 Application Number format is made up of the following elements:

<type> <year> <serial>:

o <type>: the type of industrial property right (2 digits)

o <year>: the year designation (4 digits)

o <serial>: the serial number (9 digits)

For the <type> the value for trademarks is 30

CIPO does not use the <year> designation so this will always be 0000

The <serial> will be comprised of the File (application) Number and an Extension Counter

This key is unique for each application and includes an Extension Counter which will make each extension of goods/services unique.

For the original application/registration, this extension counter will be '00'. For an Application to extend the Goods/Services to exist (Extension Counter > 00), the original Registration must exist (Extension Counter = 00). The extension counters for an application do not need to be sequential.

The Application Number range is from 0000001 to the latest filed application. There are gaps in the range before application number 0417000, as not all old inactive applications were originally data captured. All applications from 0417000 to the latest filed application are included. Certain special application number ranges exist:

- 09nnnnn Section 9(1)(e) and (n) applications

- 097nnnn Section 9(1)(i) applications

- 0980nnn Boy Scouts, Girl Guides, and Royal Canadian Legion

- 0981nnn Plant Breeder's

- 099nnnn Newfoundland trademarks (prior to joining Confederation) (0990001 - 0993291)

N/A Record Type 011

H1R1-APP-NUM

H1R1-EXT-CTR




14. Registration Number

<com:RegistrationNumber>TMDA27664</com:RegistrationNumber>

This element will contain the Registration Number for a registered trademark or trademark related information. The registration number has ranges of valid numbers for the different trademark legislations. The Act and the Registration Number are combined to create a formatted display output.

Act Number Ranges

1 (TMA) 100000 - ongoing

2 (UCA) 000001 - 051128

3 (TMDA) 000001 - 057542

4 (NFLD) 000001 - 003291

5 (ATM) 000072 & 000127

8 (PBRA) 0003 - ongoing

Please refer to the Legislation Data Element for a full listing of the registration types.

Certain trademark and related information are never registered. Protection for this information is provided by various statuses. For section 9 marks, protection is provided when the mark is published (Advertised). For Boy Scouts, Girl Guides, and Royal Canadian Legion marks, protection is provided when the mark is approved. For Geographical Indications, under the Trade-Marks Act (TMA, protection is provided when the GI is “Entered on the List” of protected GI’s. For Denominations under the Plant Breeders Rights Act (PBRA), protection is provided when the Denomination is granted.

N/A Record Type 011

H1R1-REGN-NUM

15. Filing Date <com:ApplicationDate> 2013-03-19 </com:ApplicationDate>

The date the trademark application was officially received in the Office. This date is present for all trademark applications except for registrations under the Trade Mark and Design Act (TMDA), Newfoundland Act (NFLD) and Act pertaining to Trade Marks (ATM) (Registration Type = 3, 4, 5). For these Registrations, the filing date is not displayed and any information in the field is ignored. The filing date will not exist for trademark related information (i.e. Boy Scouts, Registration Type = 6).

N/A Record Type 011

H1R1-FILING-DATE




16. Registration Date

<com:RegistrationDate> 1920-11-30 </com:RegistrationDate>

This element will contain the date the trademark information was registered.

The following date ranges apply depending on the Act:

Act Date Ranges

1 (TMA) 1954-11-05 - ongoing (Legislation enacted 1954-07-01)

2 (UCA) 1932-10-25 – 1954-06-29 (Legislation enacted 1932-09-01)

3 (TMDA) 1871-09-26 – 1950-06-14

4 (NFLD) 1890-03-09 – 1949-03-31

5 (ATM) 1865-07-29 & 1866-06-12

8 (PBRA) 1992 - ongoing

The date ranges of the different Acts do overlap. This is due to any application filed under a particular Act will be registered under that Act even if the newer Act is in effect.

N/A Record Type 011

H1R1-REGN-DATE

17. Filing Place <com:FilingPlace> Canada</com:FilingPlace>

This element contains the filing country of the application (Canada). N/A

18. Application Reference Number

<com:ApplicantFileReference> 10922537OPA</com:ApplicantFileReference>

External reference of the applicant or representative

This element may contain an identifier (ex. your file number) supplied by the Agent, Applicant/Registrant or the Representative for service for his identification of the trademark application/registration.

N/A Record Type 027

H2R7-AGENT-REFERENCE

or

Record Type 027

H2R7-REP-REFERENCE

or

Record Type 026

H2R6-APP-REF-NUMBER




19. Language of the application

<com:ApplicationLanguageCode>en</com:ApplicationLanguageCode>

This element will contain a code to indicate the language of the application. The following codes are used by CIPO:

– EN for English

– FR for French

N/A Record Type 011

H1R1-LANG-OF-APP

20. Renewal Due Date

<com:ExpiryDate> 2015-11-30 </com:ExpiryDate>

Expected expiration date of the registration.

This element will display the renewal due date if mark is still registered.

N/A

21. Termination Date

<com:TerminationDate> 2015-11-30 </com:TerminationDate>

Date of termination of the registration of the mark

Expunged date or cancelled date of marks that have been registered or no longer protected under the Trade-marks Act or other legislations.

N/A

22. Mark Status Code

<tmk:MarkCurrentStatusCode> Registration published</tmk:MarkCurrentStatusCode>

Current status of the mark based on WIPO’s standard.

Refer to Appendix A for mapping against CIPO’s Statuses.

N/A

23. Status date <tmk:MarkCurrentStatusDate> 1920-11-30 </tmk:MarkCurrentStatusDate>

Date on which the current status was declared based on WIPO’s standard.

N/A

24. Associated Mark Bag

<tmk:AssociatedMarkBag> This element is used to identify a previous file number to which the current file is related.

Associated Mark Record Type 011

H1R1-PREV-FILE-NUM

H1R1-PREV-EXT-CTR

25. Associated Mark <tmk:AssociatedMark>

This element contains the information on a previous file number associated to this mark.

Association Category

Associated Application Number

Record Type 011

H1R1-PREV-FILE-NUM

H1R1-PREV-EXT-CTR

26. Association Category

<tmk:AssociationCategory> Partial transfer to </tmk:AssociationCategory>

This element will be used when either the trademark has been divided due to a partial assignment or when an Application to Extend the Goods/Services (extension counter > 00) has been moved to its own file.

N/A




27. Associated Application Number

<tmk:AssociatedApplicationNumber>

This element will indicate the application number previously associated with this trademark. This element will point back to the original file which will continue to exist with a status of transferred.

IP Office Code

ST.13 Application Number

Record Type 011

H1R1-PREV-FILE-NUM

H1R1-PREV-EXT-CTR

28. IP Office <com:IPOfficeCode>CA</com:IPOfficeCode>

This element indicates the IP Office who assigned an Application Number to the Trademark. The two-letter code represents the country, state, entity or organization of the office (WIPO’s Standard ST.3). In this case, CA is for Canada.

N/A

29. ST.13 Application Number

<com:ST13ApplicationNumber>

300000010269700</com:ST13ApplicationNumber>









N/A

30. Mark Category <tmk:MarkCategory>Trademark </tmk:MarkCategory>

Category of the mark based on WIPO’s standard.

Refer to Appendix B for definitions.

N/A

31. Divisional Application Bag

<tmk:DivisionalApplicationBag> The divisional bag contains the application number of the original application that the divisional application derived from.

Initia Application Number

Initial Application Date

32. Original Application Number

<tmk:InitialApplicationNumber> This is the application number of the original application. N/A




33. IP Office of the application number


This element indicates the IP Office who assigned an Application Number to the original application. The two-letter code represents the country, state, entity or organization of the office (WIPO’s Standard ST.3). In this case, CA is for Canada.

N/A

34. ST13 Original Application Number

<com:ST13ApplicationNumber>300000023613800</com:ST13ApplicationNumber>









N/A

35. Original Application Filing Date

<tmk:InitialApplicationDate>1956-06-07</tmk:InitialApplicationDate>

This is the filing date of the original application. N/A

36. International Registration Bag

<tmk:InternationalMarkIdentifierBag >

This bag will contain the international registration number for protocol applications/protocol registrations.

International Mark Identifier

37. International Registration Number

<tmk:InternationalMarkIdentifier>0942093</tmk:InternationalMarkIdentifier>

This element contains the international registration number. N/A

MARK REPRESENTATION

38. Mark Representation

<tmk:MarkRepresentation> This element contains the representation of the mark.

The representation can be of the following types: Word, Image, or Sound.

Mark Feature Category

Mark Reproduction

Mark Description Bag




39. WIPO Trademark Types

<tmk:MarkFeatureCategory> Figurative</tmk:MarkFeatureCategory>

This element will indicate the type of trademark the application/registration is based on WIPO’s standard.

The values of the codes can be found in Appendix C.

N/A Record Type 011

H1R1-TM-TYPE

40. Mark Reproduction

<tmk:MarkReproduction> This element contains the reproduction of the mark.

The reproduction can be of the following types: Word, Image, or Sound.

Word Mark Specification

Mark Image Bag

Sound Mark Bag

Vienna Classification Bag

Mark Multimedia Bag

41. Word Mark <tmk:WordMarkSpecification> This element contains the information on a word mark. Mark Significant Verbal Element Text

42. Mark Significant Verbal Element Text

<tmk:MarkSignificantVerbalElementText>EJ STYLE</tmk:MarkSignificantVerbalElementText>

This element contains the verbal elements of a word mark. Mark Translation Text

Mark Transliteration

Mark Standard Character Indicator

43. Mark Translation Text

<tmk:MarkTranslationText com:languageCode="en">adding Translation info in INTREPID was empty prev.bb The translation provided by the applicant of the test Origin word(s) Foreign words test bb is Translation words test bb.</tmk:MarkTranslationText>

Contains a translation of the word mark to another language which has the same protection.

N/A

44. Mark Transliteration

<tmk:MarkTransliteration>The transliteration provided by the applicant of the test Translit Origin bb character(s) is test Transliterate words bb.</tmk:MarkTransliteration>

This text will contain, where the trademark contains matter expressed in characters other than Latin characters or in numerals other than Arabic or Roman numerals, a transliteration of the matter in Latin characters and Arabic numerals.

N/A




45. Standard Character Indicator

<tmk:MarkStandardCharacterIndicator>true</tmk:MarkStandardCharacterIndicator>

This indicator identifies that the word mark is represented in standard characters. Values are true or false.

N/A

46. Mark Image Bag <tmk:MarkImageBag> This element is a container for Mark Images. Mark Image Type

47. Mark Image Type

<tmk:MarkImage>

This element contains the specifications of the image file (file name and file format).

Mark Image File Name

Mark Image File Format

Mark Image Colour Claimed Text

Mark Image Classification

48. Mark Image File Name

<com:FileName>1709842.png </com:FileName>

This element contains the image file name with its’ format extension. N/A

49. Mark Image File Format

<com:ImageFormatCategory> PNG </com:ImageFormatCategory>

Format of image file.

The file will contain the image of the design mark in PNG format at 300dpi.

N/A

50. Mark Image Colour Claimed Text

<tmk:MarkImageColourClaimedText com:languageCode="en">Colour is claimed as a feature of the trademark. the word paysafe is black, the design extensions are green and the design centre is yellow</tmk:MarkImageColourClaimedText>

The Colour Claim will indicate which particular colour(s) is (are) being claimed for a design mark. When more than one colour is used in a design then this text will include a description of which colour corresponds to which part of the design. This may be done through a written description or by having the design mark lined for colour using the standards of the Office.

N/A Record Type 510 - Colour Claim

51. Mark Image Classification

<tmk:MarkImageClassification> List of Vienna classification of figurative elements.Parti Figurative Element Classification Bag

52. Figurative Element Classification Bag

<com:FigurativeElementClassificationBag>

Figurative element classification scheme. Vienna Classification Bag




53. Vienna Classification Bag

<com:ViennaClassificationBag> The Vienna Classification System is used to index the figurative elements of trademarks.

Vienna Classification Record Type 015

54. Vienna Classification Type

<com:ViennaClassification xsi:type="cacom:ViennaClassificationType">

This element is for each trademark design application. It will contain all appropriate Vienna Classification Codes. This record may appear more than once for one application. Each record will contain Vienna codes which describe an individual design element. There will be as many records as there are design elements to describe. Also, the records will be sorted by order of greater significance, then by category, division and section within each individual record.

Vienna Category

Vienna Division

Vienna Section

Vienna Description Bag

Record Type 015

55. Vienna Category <com:ViennaCategory>1</com:ViennaCategory>

For all trademark design applications, this element will contain the Vienna International Classification of the Figurative Elements of Marks.

NOTE: CIPO has included Canadian Extensions to the Vienna Classification codes to identify elements which may be unique to Canada and which the existing Vienna Classification did not identify/subdivide. An electronic copy of these extensions will be provided upon request.

See Appendix D for a complete list of the Canadian Extensions to the Vienna Classification.

N/A Record Type 015

H1R5-VIENNA-CLASS-CODE

56. Vienna Division <com:ViennaDivision>1</com:ViennaDivision>

This element will contain the Vienna International Classification Division of the Design, which is a sub-group of each category previously mentioned. An electronic copy of these divisions will be provided upon request.

N/A Record Type 015

H1R5-VIENNA-DIV-CODE

57. Vienna Section <com:ViennaSection>10</com:ViennaSection>

This element will contain the Vienna International Classification Section of the Design, which is a sub-group of each category and divisions previously mentioned. An electronic copy of these sections will be provided upon request.

N/A Record Type 015

H1R5-VIENNA-SECT-CODE

58. Vienna Description Bag

<cacom:ViennaDescriptionBag> This element contains Vienna code descriptions. Vienna Description




59. Vienna Description Text

<cacom:ViennaDescription com:languageCode="en">Stars with more than four points</cacom:ViennaDescription>

<cacom:ViennaDescription com:languageCode="fr">Étoiles à plus de quatre pointes</cacom:ViennaDescription>

The Vienna code description is provided in English and French. N/A Record Type 015

H1R5-VIENNA-CAT-CODE

60. Sound Mark Bag <tmk:MarkSoundBag> This element is a container for Mark Sounds (may occur more than once). Mark Sound

61. Mark Sound <tmk:MarkSound>

This element contains the specifications of the sound file (file name and file format).

Sound Mark File Name

Sound Mark File Format

62. Sound Mark File Name

<com:FileName>1697022.mp3</com:FileName>

This element contains the sound file name with its’ format extension. N/A

63. Sound Mark File Format

<tmk:SoundFileFormatCategory>MPEG</tmk:SoundFileFormatCategory>

Format of the sound file.

The file will contain the sound in MPEG format with a maximum size of 5 MB.

N/A

64. Mark Multimedia Bag

<tmk:MarkMultimediaBag> This bag contains the electronic representation filename for a multimedia mark. Examples: sound and motion

Mark Multimedia

65. Mark Multimedia

<tmk:MarkMultimedia> This is the grouping of an electronic representation (may occur more than once)

File Name

Mark Multimedia File Format Category

66. Mark Multimedia Filename

<com:FileName>1869167-1.mp4</com:FileName>

This is the filename of the multimedia file. N/A

67. Mark Multimedia File Format

<tmk:MarkMultimediaFileFormatCategory>MPEG</tmk:MarkMultimediaFileFormatCategory>

This is the format of the multimedia file. The standard will be MP4. N/A




68. Mark Description Bag

<tmk:MarkDescriptionBag> This element is a container for Mark Description Text. Mark Description Text

69. Mark Description Text

<tmk:MarkDescriptionText com:languageCode="en">The trademark is a sound consisting of a two note synthesized sequence.</tmk:MarkDescriptionText>

The Trademark Description records will contain a detailed description of the Design Mark. The description text was predominantly used for TMDA Design marks.

N/A Record Type 509 - Trademark Description

Trademark Disclaimer Bag

70. Trademark Disclaimer Bag

<tmk:MarkDisclaimerBag> This element is a container for Mark Disclaimer Text. Trademark Disclaimer Text

71. Trademark Disclaimer Text

<tmk:MarkDisclaimerText com:languageCode="en">The right to the exclusive use of all the reading matter is disclaimed apart from the trademark.</tmk:MarkDisclaimerText>

<tmk:MarkDisclaimerText com:languageCode="fr">Le droit à l'emploi exclusif de toute la matière à lire en dehors de la marque de commerce n'est pas accordé.</tmk:MarkDisclaimerText></tmk:MarkDisclaimerBag>

This text will contain any word, words, written material or objects that appear in the trademark and are not claimed as part of the trademark.

This element will contain a coded version of the standard disclaimer phrases. This element may be connected with the Disclaimer text record(s) (540). The text may be imbedded in the expanded code. The codes are expanded as follows:

1. The right to the exclusive use of the word Disclaimer text record(s) (540) is disclaimed apart from the trademark.

2. The right to the exclusive use of the words Disclaimer text record(s) (540) is disclaimed apart from the trademark.

3. The right to the exclusive use of Disclaimer text record(s) (540) is disclaimed apart from the trademark.

4. The right to the exclusive use of all the reading matter except Disclaimer text record(s) (540) is disclaimed apart from the trademark.

5. The right to the exclusive use of all the reading matter is disclaimed apart from the trademark.

6. Entire text to be entered for Disclaimer (540)

N/A Record Type 540 - Disclaimer Text

Record Type 012

H1R2-DISCLAIMER-CODE

72. Non-use expungement indicator

<tmk:NonUseCancelledIndicator>false</tmk:NonUseCancelledIndicator>

Indication that the mark has been expunged for non-use.

The values are True or False.

N/A




73. Acquired Distinctiveness

<tmk:TradeDistinctivenessIndicator>false</ tmk:TradeDistinctivenessIndicator >

Indication that the mark has acquired distinctiveness through use in trade. The values are True or False.

N/A

74. Acquired Distinctiveness and Text

<tmk:TradeDistinctivenessIndicator>true</tmk:TradeDistinctivenessIndicator>

<tmk:TradeDistinctivenessText

com:languageCode="en"> in relation to wares (1)</ tmk:TradeDistinctivenessText >

Text describing the distinctiveness acquired through use in trade.

N/A

75. Use Right <tmk:UseRight>

This element contains data relating to use rights on the mark.

Note: This element will allow for multiple use right claims.

Use Right Indicator

Use Right Text

76. Evidence of use <tmk:UseRightIndicator> true</tmk:UseRightIndicator>

Indication that evidence is submitted of the applicant's right to use certain elements of the mark.

The values are True or False.

N/A

77. Use Right Text <tmk:UseRightText com:languageCode="en">Declaration of Use filed April 23, 1970</tmk:UseRightText>

If the value for the Use Right Indicator is true, a text will be made available to describe the evidence.

N/A Record Type 640 - Declaration of Use

78. Restriction for use

<tmk:UseLimitationText com:languageCode="en">The applicant disclaims the right to the exclusive use of the word FRESH apart from the trademark.</tmk:UseLimitationText>

This element will contain the text for any restrictions for use that have been placed on the use of the trademark.

N/A Record Type 620 - Restrictions for Use




79. CIPO standard static legal message

<com:CommentText> The Canadian Intellectual Property Office does not warrant the accuracy of the information contained within this database. Recent updates, corrections or changes may not be included. / L'Office de la propriété intellectuelle du Canada ne garantit pas l'exactitude de l'information contenue dans cette base de données. Il se peut que les mises à jour, corrections ou changements récemment effectués n'y figurent pas.</tmk:CommentText>

This element contains a standard legal message from CIPO. N/A

80. Opposition Period – Start date

<tmk:OppositionPeriodStartDate>2015-10-28 </tmk:OppositionPeriodStartDate>

Start date of the allowable opposition period. N/A

81. Opposition Period – End Date

<tmk:OppositionPeriodEndDate>2015-12-28 </tmk:OppositionPeriodEndDate>

End date of the allowable opposition period. N/A

GOODS & SERVICES BAG

82. Good & Services Bag

<tmk:GoodsServicesBag> This element will contain the information on the Goods/Services. Goods & Services Record Type 014

83. Goods & Services

<tmk:GoodsServices>

This element will contain the information on the Goods/Services. Goods & Services Classification Bag

National Goods and Services

National Filing Basis

Class Description Bag

Record Type 014




84. Goods & Services Classification Bag

<tmk:GoodsServicesClassificationBag>

This element will contain the classification information of the Goods/Services. The Nice Class is supplied by CIPO through a third-party vendor.

Goods & Services Classification

Record Type 014

85. Goods & Services Classification

<tmk:GoodsServicesClassification>

This element will contain the classification information of the Goods/Services. The Nice Class is supplied by CIPO through a third-party vendor.

Classification Kind Code

CIPO Classification Comment Text

Nice Class number

Nice Class text

Record Type 014

86. Nice Classification

<tmk:ClassificationKindCode> Nice </tmk:ClassificationKindCode>

This element will contain the Nice International classification of the Goods/Services. No duplicate codes are allowed.

N/A Record Type 014

H1R4-CLASS

87. CIPO Classification

<com:CommentText>CIPO Classification Code</com:CommentText>

This element indicates that the Nice Class is supplied by CIPO through a third-party vendor.

N/A

88. Nice Class <tmk:ClassNumber>2</tmk:ClassNumber>

Classification number. N/A

89. Nice Class text <tmk:ClassTitleText>Paints, varnishes and lacquers</tmk:ClassTitleText>

A short title for the class number in free format. The list of short description can be found in Appendix E.

N/A

90. National Goods & Services

<tmk:NationalGoodsServices> A container to hold NICE classifications for good(s) or service(s) terms for search purposes. This may be broader than specific NICE classes as provided by the applicant.

National Class Total Quantity

91. National Class Total Quantity

<tmk:NationalClassTotalQuantity>1</tmk:NationalClassTotalQuantity>

The total number NICE classes for search purposes associated with the application.

N/A

92. National Filing Basis

<tmk:NationalFilingBasis> The national filing bases for trademark applications and registrations. Current Basis




93. Current Basis <tmk:CurrentBasis> This element contains the current basis. No Basis Indicator

Basis International Registration Indicator

Basis Foreign Application Indicator

Basis Foreign Registration Indicator

Basis Use Indicator

Basis Intent To Use Indicator

94. No Basis Indicator

<tmk:NoBasisIndicator>false</tmk:NoBasisIndicator>

This element will indicate if no basis were claimed for use. The values are True or False.

N/A

95. International Registration Basis Indicator

<tmk:BasisInternationalRegistrationIndicator>false</tmk:BasisInternationalRegistrationIndicator>

This element will indicate if the application was filed with an international registration. The values are True or False.

N/A

96. Foreign Application Basis Indicator

<tmk:BasisForeignApplicationIndicator>false</tmk:BasisForeignApplicationIndicator>

This element will indicate if the application was filed on the basis of a foreign application. The values are True or False.

N/A

97. Foreign Registration Indicator

<tmk:BasisForeignRegistrationIndicator>false</tmk:BasisForeignRegistrationIndicator>

This element will indicate if the application was filed on the basis of a foreign registration. The values are True or False.

N/A

98. Used in Canada Indicator

<tmk:BasisUseIndicator>false</tmk:BasisUseIndicator>

This element will indicate if used in Canada was claimed. The values are True or False.

N/A

99. Proposed Use in Canada Indicator

<tmk:BasisIntentToUseIndicator>true</tmk:BasisIntentToUseIndicator>

This element will indicate if proposed use was claimed in Canada. The values are True or False.

N/A

100. Class Description Bag

<tmk:ClassDescriptionBag>

Collection of goods and services classes and statements.

The Nice Class is supplied by the applicant.

Class Description Record Type 550 – Goods

Record Type 560 - Services




101. Class Description

<tmk:ClassDescription> Details of one good or service class and statements. Classification Version

Class Number

Goods Services Description Text

Classification Term Bag

Record Type 550 – Goods


102. Classification Version

<com:ClassificationVersion>10</com:ClassificationVersion>

This element will contain the NICE Edition in relation to the NICE classification system.

N/A

103. Class Number <tmk:ClassNumber>25</tmk:ClassNumber>

NICE classification number of the good and service.

The Nice Class is supplied by the applicant.

N/A Record Type 014

H1R4-CLASS

104. Goods Services Description Text

<tmk:GoodsServicesDescriptionText com:sequenceNumber="Goods1" com:languageCode="en">(1) jeans; knit bottoms; knit dresses; leggings; lingerie; loungewear; nightwear; pajamas; pantsuits; rain coats; rain jackets; rainwear; sandals</tmk:GoodsServicesDescriptionText>

This text will contain the goods manufactured, sold, or leased by the owner for which the trademark applies. It will also contain the services for which the trademark is used. It may also contain the GI category type, if the trademark class is GI and the Geographic Indication is Agricultural Products or Food. The values of the codes can be found in Appendix O.

N/A Record Type 550 – Goods


105. Classification Term Bag

<tmk:ClassificationTermBag>

For geographic indications, this element will contain the common name of the agricultural product or food as per Schedule 6 of Bill-C30

See Appendix O for the list of GI Category types.

Classification Term Record Type 550

GI-CATEGORY-TYPE

106. Classification Term

<tmk:ClassificationTerm> For geographic indications, this element will contain the common name of the agricultural product or food as per Schedule 6 of Bill-C30.

Classification Term Office Code

Classification Term Source Category

Classification Term Text

107. Classification Term Office Code

<tmk:ClassificationTermOfficeCode>CA</tmk:ClassificationTermOfficeCode>

Country code of the office defining the classification term (WIPO ST.3).

CA is for Canada.

N/A




108. Classification Term Source Category

<tmk:ClassificationTermSourceCategory>Office</tmk:ClassificationTermSourceCategory>

Source of the classification term (CIPO – Office). N/A

109. Classification Term Text

<tmk:ClassificationTermText com:languageCode="en">Beer: products falling under heading 22.03</tmk:ClassificationTermText>

<tmk:ClassificationTermText com:languageCode="fr">Bière : produits mentionnés à la position 22.03</tmk:ClassificationTermText>

Good or service statement including the language of the statement. N/A

PRIORITY BAG

110. Priority Information

<tmk:PriorityBag> The Priority Filing records will contain text for the priority filing claim.

Priority Record Type 505 - Priority Text

111. Priority <tmk:Priority> The Priority Filing records will contain text for the priority filing claim. Priority Country Code

Application Number

Priority Application Filing Date

Comment Text

Priority Partial Goods Services

Record Type 505 - Priority Text

112. Priority Country Code

<com:PriorityCountryCode>US</com:PriorityCountryCode>

The WIPO ST.3 country code of the priority being claimed. N/A Record Type 505 - Priority Text

113. Application Number

<com:ApplicationNumber> This element contains the information on the application number associated with the priority claim.

Application Number Text

Record Type 505 - Priority Text

114. Application Number Text

<com:ApplicationNumberText>86/374,204</com:ApplicationNumberText>

The application number associated with the priority claim. N/A Record Type 505 - Priority Text




115. Priority date <com:PriorityApplicationFilingDate>2014-08-22 </com:PriorityApplicationFilingDate>

Filing date of the application for which priority is claimed. N/A Record Type 505 - Priority Text

116. Comment Text <com:CommentText com:languageCode="en">under No. VA 1998 00042</com:CommentText>

This element contains additional text relative to the priority claim. N/A Record Type 505 - Priority Text

117. Partial Priority Goods and Services

<tmk:PriorityPartialGoodsServices>

This element is used when a priority applies to certain goods/services. Class Description Bag

118. Priority Claim Goods and Services

<tmk:ClassDescriptionBag> The Goods/Services Bag for the partial priority claim. Class Description

119. Nice Classification Description

<tmk:ClassDescription> This is the Nice Classification element for the Goods/Services. Classification Version

Class Number

Goods Services Description Text

120. Nice Edition <com:ClassificationVersion>11</com:ClassificationVersion>

This is the Nice Edition (example: 11) N/A

121. Nice Class <tmk:ClassNumber>28</tmk:ClassNumber>

This is the Nice class. N/A

122. Nice Class Text <tmk:GoodsServicesDescriptionText com:languageCode="en" com:sequenceNumber="Goods3">(3) Cat gyms and pet toys, namely rope bones, rope toys, rope tugs, plush toys, toys containing catnip, balls, and chew toys for dogs, cats and birds.</tmk:GoodsServicesDescriptionText>

These are the Goods/Services that the partial priority claim applies to. The sequence number and language are included.

N/A




PUBLICATION BAG

123. Publication Bag <tmk:PublicationBag> This element contains publication information on the Trademark Journal. Publication

124. Publication <tmk:Publication> This element contains publication information on the Trademark Journal. Publication Identifier

National Publication

125. Journal Details <com:PublicationIdentifier>Vol.43 Issue 2151</com:PublicationIdentifier>

This element contains the Volume and Issue in which the Trademark was advertised.

N/A

126. National Publication

<tmk:NationalPublication> This element contains national publication information on the Trademark Journal.

Publication Status Category

Publication Action Date

127. Publication Status

<tmk:PublicationStatusCategory>Advertised</tmk:PublicationStatusCategory>

The status of the application when published in the Trademark Journal. N/A

128. Publication Date <tmk:PublicationActionDate>1996-01-17</tmk:PublicationActionDate>

The date of publication in the Trademark Journal. N/A

APPLICANT BAG

129. Applicant Bag <tmk:ApplicantBag> This element contains the information on the Current Owner of the Trademark.

Applicant Record Type 021

Record Type 022

Record Type 023

Record Type 024

Record Type 025

Record Type 026




130. Current Owner Information

<tmk:Applicant> This record will contain the Current Owner Name and postal address. Legal Entity Name

Contact

Record Type 021

Record Type 022

Record Type 023

Record Type 024

Record Type 025

Record Type 026

131. Name of the Current Owner

<com:LegalEntityName>TeamThis, LLC</com:LegalEntityName>

The legal name of the Current Owner. N/A Record Type 021

H2R1-APP-NAME

or

Record Type 024

H2R4-APP-NAME

132. Language of Correspondence

<com:Contact com:languageCode="en">

The language of correspondence of the Current Owner. Contact Name

Postal Address Bag

Record Type 021

H2R1-APP-NAME

or

Record Type 024

H2R4-APP-NAME

133. Contact Name <com:Name>

This element contains the information on the entity’s name. Entity Name Record Type 021

H2R1-APP-NAME

or

Record Type 024

H2R4-APP-NAME

134. Entity Name <com:EntityName com:languageCode="en">TeamThis, LLC</com:EntityName>

This element contains the language and value of the entity’s name. N/A Record Type 021

H2R1-APP-NAME

or

Record Type 024

H2R4-APP-NAME

135. Postal Address Bag

<com:PostalAddressBag> This element contains all the information on the applicant’s postal addresses. Postal Address




136. Postal Address <com:PostalAddress> This element contains all the information on the applicant’s postal address. Postal Structured Address

137. Postal Structured Address

<com:PostalStructuredAddress com:languageCode=”en”>

This element will include details of the postal address in a structured way if the postal country exists.

Address Line Text

Geographic Region Name

Country Code

Postal Code

138. Address Line Text

<com:AddressLineText com:sequenceNumber="1">9100 Wilshire Boulevard, Suite 1000W</com:AddressLineText>

<com:AddressLineText com:sequenceNumber="2">Beverly Hills, CA 90212</com:AddressLineText>

This element contains the applicant’s postal address. N/A Record Type 022

H2R2-APP-ADDR1

H2R2-APP-ADDR2

Or

Record Type 025

H2R5-APP-ADDR1

H2R5-APP-ADDR2

139. Geographic Region Name

<com:GeographicRegionName com:geographicRegionCategory="Province">ONTARIO</com:GeographicRegionName>

Only Canadian provinces will be made available through this data element. N/A Record Type 023

H2R3-APP-CNTRY-PROV

Record Type 026

H2R6-APP-CNTRY-PROV

140. Postal Country of the address

<com:CountryCode>CA</com:CountryCode>

The postal country of the address. N/A Record Type 023

H2R3- APP-CNTRY-PROV

Record Type 026

H2R6- APP-CNTRY-PROV




141. Postal code of the address

<com:PostalCode>K2P0R7</com:PostalCode>

Only Canadian postal codes will be made available through this data element. N/A Record Type 023

H2R3-APP- POSTAL-CODE

Record Type 026

H2R6-APP- POSTAL-CODE

142. National Legal Entity Code

<com:NationalLegalEntityCode>CA</com: NationalLegalEntityCode >

The national legal entity code contains a two-letter country code of the legal entity.

N/A

NATIONAL REPRESENTATIVE

143. Trademark Agent

<tmk:NationalRepresentative> A trademark agent is a person or a firm whose name is entered on the list of registered trademark agents.

Correspondence concerning the prosecution of the application will be with a trademark agent, where the trademark agent has been authorized to act on behalf of the applicant.

Agent number (Comment Text)

Contact

Record Type 023

Record Type 026

Agent File

144. Agent Number <com:CommentText>4779</com:CommentText>

This element will contain the agent code for the Interested Party.

N/A Record Type 023

H2R3-AGENT-NUMBER

Record Type 026

H2R6-AGENT-NUMBER

Agent/Rep File



The language of correspondence of the agent. Contact Name

Postal Address Bag

Agent/Rep File


This element contains the information on the entity’s name. Entity Name Agent/Rep File

147. Agent Name <com:EntityName com:languageCode="fr">ROBIC</com:EntityName>

This element contains the language and value of the entity’s name. N/A Agent/Rep File





<com:PostalAddressBag> This element contains all the information on the agent’s postal addresses. Postal Address

149. Postal Address <com:PostalAddress> This element contains all the information on the agent’s postal address. Postal Structured Address



This record type will include details of the postal address in a structured way if the postal country exists.

Address Line Text


Country Code

Postal Code


<com:AddressLineText com:sequenceNumber="1">1565 Carling Avenue</com:AddressLineText>

<com:AddressLineText com:sequenceNumber="2">Suite 400</com:AddressLineText>

<com:AddressLineText com:sequenceNumber="3">Ottawa</com:AddressLineText>

This element contains the agent’s postal address. N/A Agent/Rep File



Only Canadian provinces will be made available through this data element. N/A Agent/Rep File



The postal country of the address. N/A Agent/Rep File



Only Canadian postal codes will be made available through this data element. N/A Agent/Rep File



NATIONAL CORRESPONDENT

155. Representative for Service

Applicant Address for Service

<tmk:NationalCorrespondent> This element contains an address in Canada assigned by the applicant on which a third party “may serve” documents during an opposition or a section 45 proceeding. to receive notices and correspondence, and upon whom service of any proceedings in respect of the trademark application may be given, with the same effect as if they had been given to, or served upon, the applicant. This person may also be a trademark agent but cannot act on behalf of an applicant.

Contact

Postal Address Bag

156. Rep for service Number

<com:CommentText>4779</com:CommentText>

This element will contain the Representative for Service code for the Interested Party.

N/A Record Type 023

H2R3-REP-NUMBER

Record Type 026

H2R6-REP-NUMBER

Agent/Rep File

157. Contact Language of Correspondence


The language of correspondence of the third party. Contact Name

Postal Address Bag

Agent/Rep File



159. Entity Name <com:EntityName com:languageCode="fr">ROBIC</com:EntityName>



<com:PostalAddressBag> This element contains all the information on the rep for service’s postal addresses.

Postal Address Agent/Rep File

161. Postal Address <com:PostalAddress> This element contains all the information on the rep for service’s postal address.

Postal Structured Address

Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File







This element contains the rep for service’s postal address. N/A Agent/Rep File










AUTHORIZATION

167. Authorization of Use

<com:Authorization> This element contains all information on an authorization of use. Authorization Date

Authorization Category

Record Type 520 – Authorization of Use

168. Authorization of Use - Date of Authorization

<com:AuthorizationDate>1996-10-24</com:AuthorizationDate>

Date of authorization N/A Record Type 520 – Authorization of Use



169. Authorization of Use - Category of Authorization

<com:AuthorizationCategory>

Specific authorization

</com:AuthorizationCategory>

Category of authorization

This element is mapped against WIPO AuthorizationCategory. The values are:

-General authorization

General authorization authorizes the representative to act on behalf of the client (grantor) in all proceedings before the Office

-Specific authorization

Specific or Individual authorizations may be given for individual proceedings or may also be used for a plurality of proceedings. The proceedings to which the authorization relates must be indicated in sufficient detail to allow the Office to determine to which proceedings the authorization actually relates.</xsd:documentation>

N/A Record Type 520 – Authorization of Use

170. Authorization of Use - Comment Text

<com:CommentText com:languageCode="en">The facsimile signature is that of A.H. Rilse founder of the original firm under which applicant is doing business.</com:CommentText>

This text type will contain the Authorization of Use for a Trade-mark. An Authorization is required for certain Trade-marks which would otherwise be prohibited. This includes the portrait or signature of any individual who is living or has died within the preceding thirty years.

N/A Record Type 520 – Authorization of Use

MARK EVENT BAG

171. Mark Event Bag (Office Actions)

<tmk:MarkEventBag> This record type is for each trademark application and application for extension of goods/services. It can contain more than one record for each action that has taken place on an application/registration. In such a case, the subsequent records will not contain the Action Date and the Response Date information. The records will be in Sequence Number order which will correspond with the Action Date.

Mark Event Record Type 017

172. Mark Event/Office Action

<tmk:MarkEvent> This element is a container for a single Mark Event/Office Action and will contain the information regarding that action.

Mark Event Category

Mark Event Response Date

National Mark Event

Mark Event Date

Record Type 017

173. Mark Event Category

<tmk:MarkEventCategory>National prosecution history entry</tmk:MarkEventCategory>

This element will contain the WIPO mark event code. The values of the codes can be found in Appendix F.

N/A Record Type 017



174. Response Date <tmk:MarkEventResponseDate> 2016-01-07 </tmk:MarkEventResponseDate>

This element will contain the ending date on which the Office must receive a response for the corresponding action. If no response is received prior to this date, the application/registration is in default. If an action is stored on multiple records, only the first record for the action will contain the date information. The date will be blank on subsequent records.

N/A Record Type 017

H1R7-RESPONSE-DATE

175. National Mark Event

<tmk:NationalMarkEvent xsi:type="catmk:NationalMarkEventType">

A container to store additional national office specific information related to historical events pertaining to a trademark, proceeding, or assignment. A container to store additional national office specific information related to national marks.

Mark Event Code

Mark Event Description Text

Mark Event Other Language Description Text Bag

Mark Event Additional Text

Record Type 017

176. Action Code <tmk:MarkEventCode>20</tmk:MarkEventCode>

This element will contain the code of the corresponding action type. Please refer to Appendix G to view the list of all available office actions.

N/A Record Type 017

H1R7-ACTION-CODE

177. Action Name <tmk:MarkEventDescriptionText>Examiner's First Report</tmk:MarkEventDescriptionText>

This element will contain the name of the action. Please refer to Appendix G to view the list of all available office actions.

N/A

178. Mark Event Other Language Description Text Bag

<catmk:MarkEventOtherLanguageDescriptionTextBag>

This bag contains the Mark Event Description Text in other languages. Mark Event Other Language Description Text

179. Mark Event Other Language Description Text

<catmk:MarkEventDescriptionText com:languageCode="fr">Premier rapport de l'examinateur</catmk:MarkEventDescriptionText>

This element contains the language code of the description text and the value of the description text.

N/A

180. Additional Information

<tmk:MarkEventAdditionalText>Vol.62 Issue 3183</tmk:MarkEventAdditionalText>

This element will contain additional information relating to the corresponding action. An example would be the Trademarks Journal volume and issue for the “Advertised” action record. This element can be stored on multiple records.

N/A Record Type 017

H1R7-ADDITIONAL-INFO



181. Action Date <tmk:MarkEventDate>2005-09-01</tmk:MarkEventDate>

This element will contain the date the corresponding action took place. If an action is stored on multiple records, only the first record for the action will contain the date information. The date will be blank on subsequent records to indicate this is a continuation of the previous action record.

N/A Record Type 017

H1R7-ACTION-DATE

MARK FEATURE DESCRIPTION

182. Mark Descriptive

<tmk:MarkFeatureDescription>SkyTrain Control Override Announcement Chimes (Sound)</tmk:MarkFeatureDescription>

This element will contain the short description of the trademark, as provided by the applicant for all trademarks defined as not a “word” mark.

N/A Record Type 012

H1R2-TRADE-MARK

LEGAL PROCEEDINGS BAG

183. Legal Proceedings Bag

<tmk:LegalProceedingsBag> This element will contain all active Opposition or Section 44/45 cases related to an application.

Legal Proceeding Record Type 027

Record Type 028

184. Legal Proceedings

<tmk:LegalProceedings> This element will contain all active Opposition or Section 44/45 cases related to an application.

Cancellation Proceedings

Opposition Proceedings Bag

CANCELLATION PROCEEDINGS

185. Cancellation Proceedings

<tmk:CancellationProceedings xsi:type="catmk:CancellationProceedingsType">

This element will contain all active Section 44/45 cases related to an application.

National Opposition Case Type

Legal Proceeding Identifier

Legal Proceeding Filing Date

Proceeding Status

Plaintiff Bag

Defendant Bag

Proceeding Stage Bag

Record Type 028

186. National Opposition Case Type

<catmk:NationalOppositionCaseType>

This element contains the type of legal proceeding. Opposition Case Type Description Bag

Record Type 028



187. Opposition Case Type Description Bag

<catmk: OppositionCaseTypeDescriptionBag>

This element contains description of the type of legal proceeding. Opposition Case Type Description

Record Type 028

188. Opposition Case Type Description

<catmk:OppositionCaseTypeDescription com:languageCode="en">Section 45 Case</catmk:OppositionCaseTypeDescription>

<catmk:OppositionCaseTypeDescription com:languageCode="fr">Cause en vertu de l'article 45</catmk:OppositionCaseTypeDescription>

This element contains the description of the type of legal proceeding.

2- Section 45 Case

3- Section 44 Case

4- Section 45 Requested by Registrar

N/A Record Type 028

H2R8-OPP-CASE-TYPE

189. Section 44/45 Case Number

<tmk:LegalProceedingIdentifier>1</tmk:LegalProceedingIdentifier>

This element will contain the Section 44/45 case number of the application.

N/A Record Type 028

H2R8-OPP-CASE-NUMBER

Record Type 029


190. Section 44/45 Filing Date

<tmk:LegalProceedingFilingDate>2013-11-22</tmk:LegalProceedingFilingDate>

This element will contain the effective date of the Section 44/45 action.

N/A Record Type 029

H2R9-OPP-EFFECTIVE-DATE

191. Proceeding Status

<tmk:ProceedingStatus>

This element contains the status information of the Section 44/45 case. National Status Category

National Status Code

National Status Date

National Status Internal Description Text



192. WIPO Section 44/45 Status Category

<tmk:NationalStatusCategory>National legal proceeding status</tmk:NationalStatusCategory>

This element will contain the Opposition Status Category based on WIPO’s Standard.

The values are:

- National trademark status

- National class status

- National term status

- National legal proceeding status

N/A

193. Section 44/45 Status Code

<tmk:NationalStatusCode>2</tmk:NationalStatusCode>

This element will contain the coded version of the Section 44/45 case status for a specific case.

2 Active: Section 44/45 case, which has a notice sent to owner.

3 Awaiting Decision: Section 44/45 case which has finished all stages and is waiting for a final decision from the Registrar.

4 Decided, Pending Appeal: Section 44/45 case which has a final decision issued by the Registrar and is in the period for which either party can file an appeal with the Federal Court.

5 Appeal In Progress: A party in a Section 44/45 process has filed an appeal of the final decision in the Federal Court.

7 Closed: A Section 44/45 case that is no longer active and has been closed.

N/A Record Type 028

H2R8-OPP-CASE-STATUS

194. Section 44/45 Status Date

<tmk:NationalStatusDate>2015-12-03</tmk:NationalStatusDate>

The date of the Section 44/45 case status. N/A

195. Section 44/45 Status Name

<tmk:NationalStatusInternalDescriptionText>active</tmk:NationalStatusInternalDescriptionText>

This element will contain the coded version of the Section 44/45 case status for a specific case. Please refer to the Section 44/45 Case status field to review the values available.

N/A Record Type 028


196. Plaintiff Bag <tmk:PlaintiffBag>

This element contains information on the opponent(s). Plaintiff

197. Plaintiff <tmk:Plaintiff>

This element contains information on the opponent. Correspondent

Representative Bag



The language of correspondence of the plaintiff. Contact Name

Postal Address Bag




This element contains the information on the entity’s name. Entity Name

200. Entity Name of the Cancellation Proceeding Plaintiff

<com:EntityName com:languageCode="en"> V Secret Catalogue, Inc.</com:EntityName>

This element contains the language and value of the plaintiff’s entity’s name. N/A


<com:PostalAddressBag> This element contains all the information on the plaintiff’s postal addresses. Postal Address

202. Postal Address <com:PostalAddress> This element contains all the information on the plaintiff’s postal address. Postal Structured Address




Address Line Text

Country Code


<com:AddressLineText com:sequenceNumber="1">1105 North Market Street, Wilmington Delaware 19801 </com:AddressLineText>

This element contains the plaintiff’s postal address. N/A

205. Country of the address

<com:CountryCode>USA</com:CountryCode>

The postal country of the address. N/A

206. Legal Name of the Cancellation Proceeding Plaintiff

<com:LegalEntityName>V Secret Catalogue, Inc.</com:LegalEntityName>

The legal name of the legal proceeding plaintiff.

207. Plaintiff Address for Service

<tmk:Correspondent> This element contains an address in Canada assigned by the plaintiff (opponent or Section 45 requester) on which the applicant/owner “may serve” during an opposition or a section 45 proceeding.

Contact Information





This element will contain the opponent’s Representative for Service’s code. N/A Record Type 023

H2R3-REP-NUMBER

Record Type 026

H2R6-REP-NUMBER

Agent/Rep File



The language of correspondence. Contact Name

Postal Address Bag

Agent/Rep File






<com:PostalAddressBag> This element contains all the information on the postal addresses. Postal Address Agent/Rep File

213. Postal Address <com:PostalAddress> This element contains all the information on the postal address. Postal Structured Address

Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File







This element contains the structured postal address. N/A Agent/Rep File










219. Representative Bag

<com:RepresentativeBag> This element will contain the information on the opponent’s agent. Representative Record Type 027

H2R7-RELATIONSHIP

H2R7-IP-NAME-ADDRESS

Agent/Rep File

220. Representative <com:Representative> This element will contain the information on the opponent’s agent. Agent’s Number (Comment Text)

Agent’s Contact Information

Agent/Rep File


This element will contain the opponent’s agent’s code.

N/A Record Type 027

Agent/Rep File




Postal Address Bag

Agent/Rep File








<com:PostalAddressBag> This element contains all the information on the agent’s postal addresses. Postal Address Agent/Rep File


Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File















232. Defendant Bag <tmk:DefendantBag> This element contains information on the applicant. Defendant



233. Defendant <tmk:Defendant> This element contains information on the applicant. Correspondent

Representative Bag



The language of correspondence of the defendant. Contact Name

Postal Address Bag



236. Entity Name of the Legal Proceeding Defendant

<com:EntityName com:languageCode="en"> Cortefiel, S.A.</com:EntityName>

This element contains the language and value of the defendant’s name. N/A


<com:PostalAddressBag> This element contains all the information on the defendant’s postal addresses. Postal Address

238. Postal Address <com:PostalAddress> This element contains all the information on the defendant’s postal address. Address Line Text

Country of the Address


<com:AddressLineText com:sequenceNumber="1">Avda. del Llano Castellano,</com:AddressLineText>

<com:AddressLineText com:sequenceNumber="2">no. 51, 28034 Madrid,</com:AddressLineText>

This element contains the defendant’s postal address. N/A


<com:CountryCode>ES</com:CountryCode>


241. Correspondent <tmk:Correspondent>

This element contains information on the applicant’s agent. Agent’s Number




242. Agent’s Code <com:CommentText>4779</com:CommentText>

This element will contain the applicant’s agent’s code. N/A Record Type 023

H2R3-REP-NUMBER

Record Type 026

H2R6-REP-NUMBER

Agent/Rep File



The language of correspondence of the applicant’s agent. Contact Name

Postal Address Bag

Agent/Rep File






<com:PostalAddressBag> This element contains all the information on the postal addresses. Postal Address Agent/Rep File

247. Postal Address <com:PostalAddress> This element contains all the information on the postal address. Postal Structured Address

Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File





This element contains the structured postal address. N/A Agent/Rep File













<com:RepresentativeBag> This element will contain the information on the applicant’s agent. Representative Record Type 027

H2R7-RELATIONSHIP


Agent/Rep File

254. Representative <com:Representative> This element will contain the information on the applicant’s agent. Agent’s Number (Comment Text)


Agent/Rep File


This element will contain the applicant’s agent’s code.

N/A Record Type 027

Agent/Rep File




Postal Address Bag

Agent/Rep File








Agent/Rep File






Address Line Text


Country Code

Postal Code

Agent/Rep File















266. Proceeding Stage Bag

<catmk:ProceedingStageBag> This element will contain the information on the Opposition / Section 45 stage found under a specific case.

N/A

267. Proceeding Stage

<catmk:ProceedingStage> This element will contain the information on the Opposition / Section 45 stage found under a specific case.

Proceeding Stage Code

Proceeding Stage Description Text Bag

Proceeding Event Bag

Mark Event Date

268. Section 44/45 Stage Code

<catmk:ProceedingStageCode>102</catmk:ProceedingStageCode>

This element will contain the coded version of the Section 44/45 stages found under a specific case. The values of the codes can be found in Appendix J.

N/A Record Type 029

H2R9-OPP-STAGE-CODE



269. Section 44/45 Stage Name

<catmk:ProceedingStageDescriptionTextBag>

This element contains the name of the Section 44/45 Stage in both official languages.

Proceeding Stage Description Text

270. Section 44/45 Stage Name

<catmk:ProceedingStageDescriptionText com:languageCode="en">Counter Statement</catmk:ProceedingStageDescriptionText>

<catmk:ProceedingStageDescriptionText com:languageCode="fr">Contre-déclaration</catmk:ProceedingStageDescriptionText>

The name of the Section 44/45 Stage in both official languages. The values of the codes can be found in Appendix J.

N/A Record Type 029

H2R9-OPP-STAGE-CODE

271. Proceeding Event Bag

<tmk:ProceedingEventBag>

This element will contain the information on the opposition case status. Proceeding Event


272. Proceeding Event

<tmk:ProceedingEvent>

This element will contain the information on the opposition case status. Mark Event Category

National Mark Event

273. Mark Event Category

<tmk:MarkEventCategory>Revocation proceeding pending</tmk:MarkEventCategory>

This element will contain the coded version of the Section 44/45 case status based on WIPO’s standard. The values of the codes can be found in Appendix F.

N/A

274. National Mark Event


A container to store additional national office specific information related to historical events pertaining to a proceeding.



275. Mark Event Code

<tmk:MarkEventCode>538</tmk:MarkEventCode>

This element will contain the coded version of the Section 44/45 actions found under a specific case. The values of the codes can be found in Appendix I.

N/A Record Type 029

H2R9-OPP-ACTION-CODE

276. Mark Event Description Text

<tmk:MarkEventDescriptionText> Notice Sent to Owner</tmk:MarkEventDescriptionText>

This element will contain the coded version of the Section 44/45 actions found under a specific case. The values of the codes can be found in Appendix I.

N/A



277. Mark Event Other Language Description Text Bag


This bag contains the Mark Event Description Text in other languages. Mark Event Description Text

278. Mark Event Other Language Description Text

<catmk:MarkEventDescriptionText com:languageCode="fr"> Avis envoyé au propriétaire</catmk:MarkEventDescriptionText>


N/A

279. Mark Event Additional Text

<tmk:MarkEventAdditionalText>S/O Amended</tmk:MarkEventAdditionalText>

This element will contain additional information relating to the corresponding action.

N/A

280. Mark Event Date

<tmk:MarkEventDate>2015-05-20</tmk:MarkEventDate>

This element will contain the effective date of the corresponding action.

N/A Record Type 029




OPPOSITION PROCEEDING BAG

281. Opposition Proceeding Bag

<tmk:OppositionProceedingBag xsi:type="catmk:OppositionType">

This element will contain all active opposition cases related to an application. It will be in Sequence Number order and there will be one for each opposition case.

National Opposition Case Type

Opposition Identifier

Opposition Date

Opposition Current Status Category

Opposition Current Status Date

Proceeding Status

Plaintiff Bag

Defendant Bag

Proceeding Stage Bag

Record Type 027

Record Type 028

282. National Opposition Case Type

<catmk:NationalOppositionCaseType>

This element contains the type of legal proceeding (1). Opposition Case Type Description Bag

Record Type 028

283. Opposition Case Type Description Bag

<catmk: OppositionCaseTypeDescriptionBag>

This element contains description of the type of legal proceeding. Opposition Case Type Description

Record Type 028

284. Opposition Case Type Description

<catmk:OppositionCaseTypeDescription com:languageCode="en">Opposition</catmk:OppositionCaseTypeDescription>

<catmk:OppositionCaseTypeDescription com:languageCode="fr">Opposition</catmk:OppositionCaseTypeDescription>

This element contains the text of the description of the type of legal proceeding (opposition).

1- Opposition

N/A Record Type 028

H2R8-OPP-CASE-TYPE



285. Opposition Case Number

<com:OppositionIdentifier>1</com:OppositionIdentifier>

This element will contain the opposition case number of the application.

N/A Record Type 028


Record Type 029

(H2R9-OPP-CASE-NUMBER)

286. Opposition Date <com:OppositionDate>2015-05-20</com:OppositionDate>

This element will contain the effective date of the opposition action. N/A Record Type 029


287. WIPO Opposition Category Status

<tmk:OppositionCurrentStatusCategory>Opposition filed</tmk:OppositionCurrentStatusCategory>

This element will contain the coded version of the opposition case status based on WIPO’s standard. The value of the code is:

- Opposition filed

Note: The event status of Opposition filed includes a request for an extension of time to submit the statement of opposition.

N/A

288. Opposition Category Status Date

<com:OppositionCurrentStatusDate>2015-12-17</com:OppositionCurrentStatusDate>

The element will contain the WIPO’s Opposition status date. N/A

289. Opposition Status

<tmk:ProceedingStatus>

This element contains information on the opposition status. National Status Category

National Status Code

National Status Date

National Status Internal Description Text

290. WIPO Opposition Status Category

<tmk:NationalStatusCategory>National legal proceeding status</tmk:NationalStatusCategory>

This element will contain the Opposition Status Category based on WIPO’s Standard.

The values are:

- National trademark status

- National class status

- National term status

- National legal proceeding status

N/A



291. Opposition Case Status Code

<tmk:NationalStatusCode>2</tmk:NationalStatusCode>

This element will contain the coded version of the opposition case status for a specific case.

1 Pending: No statement of opposition has been filed in the case of an opposition case.

2 Active: Opposition case, which has a statement of opposition, filed and served on a trademark applicant.

3 Awaiting Decision: Opposition case which has finished all stages and is waiting for a final decision from the Registrar.

4 Decided, Pending Appeal: Opposition case which has a final decision issued by the Registrar and is in the period for which either party can file an appeal with the Federal Court.

5 Appeal In Progress: A party in an opposition process has filed an appeal of the final decision in the Federal Court.

7 Closed: An opposition case that is no longer active and has been closed.

8 Deemed Abandoned: An opposition case where the applicant failed to file either its counter statement or its evidence, and the application is abandoned.

9 Deemed Withdrawn: An opposition case where the opponent failed to file its evidence and the opposition is considered withdrawn.

N/A Record Type 028


292. CIPO Opposition Status Date

<tmk:NationalStatusDate>2015-12-17</tmk:NationalStatusDate>

The date of the Opposition Status. N/A

293. CIPO Opposition Case Status

<tmk:NationalStatusInternalDescriptionText>active</tmk:NationalStatusInternalDescriptionText>

This element will contain the coded version of the opposition case status for a specific case. Please refer to the Opposition Case status field to review the values.

N/A Record Type 028




Proceeding Stage

295. Opposition Stage



Description Text Bag


Mark Event Date



296. Opposition Stage Code


This element will contain the coded version of the Opposition / Section 45 stages found under a specific case. The values of the codes can be found in Appendix H.

N/A Record Type 029

H2R9-OPP-STAGE-CODE

297. Opposition Stage Description Text Bag


This element contains the name of the Opposition Stage in both official languages.


298. Opposition Stage Name



The name of the Opposition Stage in both official languages. The values of the codes can be found in Appendix H.

N/A Record Type 029

H2R9-OPP-STAGE-CODE

299. Opposition Action Bag




300. Opposition Action



National Mark Event

301. Opposition Action Category

<tmk:MarkEventCategory>Opposition pending</tmk:MarkEventCategory>

This element will contain the coded version of the opposition case status based on WIPO’s standard. The values of the codes can be found in Appendix F.

N/A

302. National Opposition Action Information


A container to store additional national office specific information related to historical events pertaining to an opposition.

Opposition Action Code





303. Opposition Action Code


This element will contain the coded version of the opposition actions found under a specific case. The values of the codes can be found in Appendix I.

N/A Record Type 029


304. Opposition Action Name

<tmk:MarkEventDescriptionText>Amended S/O Accepted</tmk:MarkEventDescriptionText>

This element will contain the coded version of the opposition / Section 45 actions found under a specific case. The values of the codes can be found in Appendix I.

N/A Record Type 029


305. Opposition Action Name in other languages



306. Opposition Action Name in other Official Language

<catmk:MarkEventDescriptionText com:languageCode="fr">Déclaration d'opposition modifiée acceptée</catmk:MarkEventDescriptionText>


N/A




N/A

308. Opposition Action Date




309. Plaintiff Bag <tmk:PlaintiffBag>

This element contains information on the opponent(s). Plaintiff

310. Plaintiff <tmk:Plaintiff>

This element contains information on the opponent. Correspondent

Representative Bag



The language of correspondence of the plaintiff. Contact Name

Postal Address Bag





313. Entity Name of the Opposition Proceeding Plaintiff

<com:EntityName com:languageCode="en"> V Secret Catalogue, Inc.</com:EntityName>

This element contains the language and value of the plaintiff’s entity’s name. N/A


<com:PostalAddressBag> This element contains all the information on the plaintiff’s postal addresses. Postal Address

315. Postal Address <com:PostalAddress> This element contains all the information on the plaintiff’s postal address. Address Line Text

Country Code


<com:AddressLineText com:sequenceNumber="1">1105 North Market Street, Wilmington

Delaware 19801 </com:AddressLineText>

This element contains the plaintiff’s postal address. N/A


<com:CountryCode>USA</com:CountryCode>


318. Plaintiff Address for Service

<tmk:Correspondent> This element contains the information on the opponent’s Address for Service. Rep for Service’s Contact Information



This element will contain the opponent’s Representative for Service’s code. N/A Record Type 023

H2R3-REP-NUMBER

Record Type 026

H2R6-REP-NUMBER



The language of correspondence of the Address for service. Contact Name

Postal Address Bag

Agent/Rep File








<com:PostalAddressBag> This element contains all the information on the Address for service’s postal addresses.

Agent/Rep File

324. Postal Address <com:PostalAddress> This element contains all the information on the Address for service’s postal address.


Agent/Rep File


<com:PostalStructuredAddress

com:languageCode=”en”>


Address Line Text


Country Code

Postal Code

Agent/Rep File





This element contains the Address for service’s postal address. N/A Agent/Rep File











<com:RepresentativeBag> This element will contain the information on the opponent’s agent. Representative Record Type 027

H2R7-RELATIONSHIP


Agent File



331. Representative <com:Representative> This element will contain the information on the opponent’s agent. Agent’s Number (Comment Text)


Agent/Rep File


This element will contain the opponent’s agent’s code.

N/A Record Type 027

Agent/Rep File




Postal Address Bag

Agent/Rep File








Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File

















343. Defendant Bag <tmk:DefendantBag> This element contains information on the applicant. Defendant

344. Defendant <tmk:Defendant> This element contains information on the applicant. Correspondent

Representative Bag



The language of correspondence of the applicant. Contact Name

Postal Address Bag



347. Entity Name of the Opposition Proceeding Defendant

<com:EntityName com:languageCode="en"> Cortefiel, S.A.</com:EntityName>

This element contains the language and value of the defendant’s name. N/A


<com:PostalAddressBag> This element contains all the information on the defendant’s postal addresses. Postal Address

349. Postal Address <com:PostalAddress> This element contains all the information on the defendant’s postal address. Address Line Text

Country of the Address




<com:AddressLineText com:sequenceNumber="1">Avda. del Llano Castellano,</com:AddressLineText>

<com:AddressLineText com:sequenceNumber="2">no. 51, 28034 Madrid,</com:AddressLineText>

This element contains the defendant’s postal address. N/A


<com:CountryCode>ES</com:CountryCode>


352. Correspondent

(Opposition) <tmk:Correspondent>

This element contains the Opponent Address for Service. Language of correspondence



This element will contain the applicant’s Representative for Service’s code. N/A Record Type 023

H2R3-REP-NUMBER

Record Type 026

H2R6-REP-NUMBER

Agent/Rep File



The language of correspondence. Contact Name

Postal Address Bag

Agent/Rep File








Agent/Rep File






Address Line Text


Country Code

Postal Code

Agent/Rep File





This element contains the rep for service’s postal address. N/A Agent/Rep File











<com:RepresentativeBag> This element will contain the information on the applicant’s agent. Representative Record Type 027

H2R7-RELATIONSHIP


Agent File

365. Representative <com:Representative> This element will contain the information on the applicant’s agent. Agent’s Number (Comment Text)


Agent/Rep File




This element will contain the applicant’s agent’s code.

N/A Record Type 027

Agent/Rep File




Postal Address Bag

Agent/Rep File








Agent/Rep File




Address Line Text


Country Code

Postal Code

Agent/Rep File



















Proceeding Stage

378. Opposition Stage



Description Text Bag


379. Opposition Stage Code


This element will contain the coded version of the Opposition / Section 45 stages found under a specific case. The values of the codes can be found in Appendix H.

N/A Record Type 029

H2R9-OPP-STAGE-CODE

380. Opposition Stage Description Text Bag


This element contains the name of the Opposition Stage in both official languages.


381. Opposition Stage Name



The name of the Opposition Stage in both official languages. The values of the codes can be found in Appendix H.

N/A Record Type 029

H2R9-OPP-STAGE-CODE

382. Opposition Action Bag




383. Opposition Action



National Mark Event



384. Opposition Action Category

<tmk:MarkEventCategory>Opposition pending</tmk:MarkEventCategory>

This element will contain the coded version of the opposition case status based on WIPO’s standard. The values of the codes can be found in Appendix F.

N/A

385. National Opposition Action Information


A container to store additional national office specific information related to historical events pertaining to an opposition.



386. Opposition Action Code


This element will contain the coded version of the opposition actions found under a specific case. The values of the codes can be found in Appendix I.

N/A Record Type 029


387. Opposition Action Name

<tmk:MarkEventDescriptionText>Amended S/O Accepted</tmk:MarkEventDescriptionText>

This element will contain the coded version of the opposition / Section 45 actions found under a specific case. The values of the codes can be found in Appendix I.

N/A Record Type 029


388. Opposition Action Name in other languages



389. Opposition Action Name in other Official Language

<catmk:MarkEventDescriptionText com:languageCode="fr">Déclaration d'opposition modifiée acceptée</catmk:MarkEventDescriptionText>


N/A




N/A

391. Opposition Action Date






NATIONAL TRADEMARK INFORMATION

392. National Trademark Information

<tmk:NationalTrademarkInformation xsi:type=”catmk:NationalTrademarkInformationType”>

This element contains elements that where created by CIPO to store National information on the Trademark.

Register Category

Application Abandoned Date

Trademark Status

Allowed Date

Renewal Date

Section 9

Trademark Class

Legislation

Geographical Indication

Footnote Bag

Categorized Text Bag

Associated Mark Bag

Doubtful Case Bag

Claim Bag

Index Heading Bag

Mark Translation or Transliteration

Interested Party Bag

393. Mark Feature Category Bag

<catmk:MarkFeatureCategoryBag>

This element contains the individual trademark types. This element will identify all the various signs (trademark type) of a trademark. When the trademark type in the tmk:MarkFeatureCategory = Combined, this element will contain the trademark types that make up the combined mark. This element will be populated even if there is only one trademark type.

MarkFeatureCategory

394. Mark Feature Category

<tmk:MarkFeatureCategory>hologram</tmk:MarkFeatureCategory>

This is a repeating element that will identify each of the trademark types with the MarkFeatureCategoryBag.

The trademark type values are enumerated in Appendix C.



395. Register Category

<tmk:RegisterCategory>Primary</tmk:RegisterCategory>

This element indicates if the trademark is included in the Register.

The values are:

- Primary

- Supplemental

- Unknown

N/A

396. Application Abandoned Date

<tmk:ApplicationAbandonedDate>2015-05-20</tmk:ApplicationAbandonedDate>

The date the trademark application was abandoned. N/A

397. Trademark Status

<tmk:MarkCurrentStatusInternalDescriptionText>Registered</tmk:MarkCurrentStatusInternalDescriptionText>

This element is used to indicate the overall status of the trademark information. Please refer to Appendix K.

N/A Record Type 011

H1R1-STATUS

398. Allowed Date <catmk:AllowedDate>2004-12-31</catmk:AllowedDentitate>

This element will indicate the date that the trademark has been allowed to be included in the Register.

After the 2-month opposition period from advertisement has passed or any oppositions have been resolved in the applicants favour, the application will be allowed. In this status, the Office is awaiting the Registration Fee and/or a Declaration of Use (for proposed use).

N/A

399. Renewal Date <com:RenewalDate>2015-09-12</com:RenewalDate>

The date that the registration has been renewed. The Renewal period is 15 years from registration or the previous renewal.

N/A

SECTION 9

400. Section 9 <catmk:Section9> This element will indicate if an application was filed under section 9 of the Trade-marks Act (TMA).

Section 9 Code

Section 9 Description Bag

Section 9 General Correspondence Number



401. Prohibited Marks / Section 9 code

<catmk:Section9Code>4</catmk:Section9Code>

The code will indicate what subsection of the Trade-marks Act (TMA) was involved.

The following is a list of codes:

1 - Paragraph 9(1)(e) - Government Flags

2 - Subparagraph 9(1)(n)(i) - Her Majesties Forces

3 - Subparagraph 9(1)(n)(ii) - Universities

4 - Subparagraph 9(1)(n)(iii) - Public Authorities in Canada for specific goods and services

5 - Paragraph 9(1)(n.1) - Armorial Emblems

6 - Paragraph 9(1)(i) - Foreign Government Flags and Symbols and 6ter applications

7 - Paragraph 9(1)(i.1) - 6ter - Official Sign or Hallmark

8 - Paragraph 9(1)(i.3) - 6ter - Armorial Bearing/Emblem or Abbreviation of Name

9 - Paragraph 9(1)(i.2) - 6ter - National Flag of a Country of the Union

The section 9 applications have been assigned a specific application number range (0900001 - ongoing). A section 9 application is not registered, it is only advertised, so no registration information is present.

N/A Record Type 011

H1R1-SEC9-TYPE

402. Section 9 Code Description Bag

<catmk:Section9DescriptionBag>

This element will provide the section 9 code description in both official languages. Please refer to the section 9 code element to get the full list of descriptions.

Section 9 Description Record Type 011

H1R1-SEC9-TYPE

403. Section 9 Code Description Text

<catmk:Section9Description com:languageCode="en">Subparagraph 9(1)(n)(iii)</catmk:Section9Description>

<catmk:Section9Description com:languageCode="fr">Sous-alinéa 9(1)(n)(iii)</catmk:Section9Description>

This element will provide the section 9 code description in both official languages. Please refer to the section 9 code element to get the full list of descriptions.

N/A Record Type 011

H1R1-SEC9-TYPE



404. General Correspondence Number

<catmk:Section9GCNumber>G.C.1-99-062</catmk:Section9GCNumber>

This element will contain the old general correspondence file number that the section 9 mark was originally filed under.

The normal format for the GC Numbers are:

99999 (left justified numeric)

GC 1-99-nnn (nn. is a numeric)

N/A Record Type 011

H1R1-GC-NUMBER

TRADEMARK CLASS

405. Trademark Class <catmk:TrademarkClass>

This element contains information on the class of the mark. Trademark Class Code

Trademark Class Description Bag

Record Type 011

H1R1-TM-CLASS

406. Trademark Class Code

<catmk:TrademarkClassCode>1</catmk:TrademarkClassCode>

This element will indicate the class of the trademark application/registration. The values of the codes can be found in Appendix L.

N/A Record Type 011

H1R1-TM-CLASS

407. Trademark Class Description Bag

<catmk:TrademarkClassDescriptionBag>

This element will provide the description in both official languages of the category code of the mark. The values of the codes can be found in Appendix L.

Trademark Class Description

Record Type 011

H1R1-TM-CLASS

408. Trademark Class Description Text

<catmk:TrademarkClassDescription com:languageCode="en">Trade-mark</catmk:TrademarkClassDescription>

<catmk:TrademarkClassDescription com:languageCode="fr">Marque de commerce</catmk:TrademarkClassDescription>

This element will provide the description in both official languages of the category code of the mark. The values of the codes can be found in Appendix L.

N/A Record Type 011

H1R1-TM-CLASS

LEGISLATION

409. Legislation <catmk:Legislation>

This element contains the information on the Act (Legislation) under which the information (trademark or related information) is filed.

Legislation Code

Legislation Description Bag

Record Type 011

H1R1-REGN-TYPE



410. Legislation Code <catmk:LegislationCode>1</catmk:LegislationCode>

The Act (Legislation) under which the information (trademark or related information) is filed.

The following is a list of valid codes:

01 - Trade-marks Act (TMA)

02 - Unfair Competition Act (UCA)

03 - Trade Mark and Design Act (TMDA)

04 - Newfoundland Trade Marks (prior to joining Confederation) (NFLD)

05 - Act pertaining to Trade Marks (pre Confederation) (ATM)

06 - an Act to Incorporate the Canadian General Council of Boy Scouts

07 - an Act to Incorporate the Canadian General Council of Girl Guides

08 - Plant Breeder's Rights Act (PBRA)

09 - an Act respecting The Royal Canadian Legion

N/A Record Type 011

H1R1-REGN-TYPE

411. Legislation Description Bag

<catmk:LegislationDescriptionBag>

This element will provide the description in both official languages of the trademark legislation code. The values of the codes can be found in the legislation code element.

Legislation Description Text

Record Type 011

H1R1-REGN-TYPE

412. Legislation Description Text

<catmk:LegislationDescription com:languageCode="en">TMA</catmk:LegislationDescription>

<catmk:LegislationDescription com:languageCode="fr">LMC (Loi sur les marques de commerce)</catmk:LegislationDescription>

This element will provide the description in both official languages of the trademark legislation code. The values of the codes can be found in the legislation code element.

N/A Record Type 011

H1R1-REGN-TYPE

GEOGRAPHICAL INDICATION

413. Geographical Indication

<catmk:GeographicalIndication> This element indicates that the mark is for a geographical indication. Geographical Indication Kind Category

Geographical Indication Translation Bag

Record Type 011

H1R1-TM-Class



414. Geographical Indication Kind Category

<catmk:GeographicalIndicationKindCategory>

This element contains the type of product the geographic indication is protecting.

Category Code

Category Description Bag

Record Type 011

H1R1-GEOGRAPHIC-INDICATION

415. Geographical Indication Kind Category Code

<cacom:CategoryCode>3</cacom:CategoryCode>

This element will indicate the type of product the geographic indication is protecting. The codes may be: 01, 02, 03

01 - Wine

02 - Spirit

03 - Agricultural Product or Food

N/A

416. Geographical Kind Category Description Bag

<cacom:CategoryDescriptionBag>

This bag element contains the English and French descriptions of the geographic indication kind category.

English Category Description

French Category Description

417. Geographical Kind Category – English Description

<cacom:CategoryDescription com:languageCode="en">Agricultural Product or Food</cacom:CategoryDescription>

This element contains the English description of the geographic indication kind category.

N/A

418. Geographical Kind Category – French Description

<cacom:CategoryDescription com:languageCode="fr">Aliments ou produits agricoles</cacom:CategoryDescription>

This element contains the French description of the geographic indication kind category.

N/A

419. Geographical Indication Translation Bag

<catmk:GeographicalIndicationTranslationBag>

Contains a translation of the geographic indication to another language which has the same protection as the original geographic indication.

Geographic Translation

Record Type 534



420. Geographic Indicator Type

<catmk:GeographicalIndicationTranslation com:sequenceNumber="1">

Contains the image or text of the GI Translation.

com:sequenceNumber contains the sequence number/identifier of the GI translation.

Geographical Indication Translation Text

Geographical Indication Translation Image

421. Geographical Indication Translation Text

<catmk:GeographicalIndicationTranslationText>TREST</catmk:GeographicalIndicationTranslationText>

Contains the text used for the GI translation.

422. Geographical Indication Translation Image

<catmk:GeographicalIndicationTranslationImage>

An image is used if the GI translation does not use the standard character set. This element contains the image file used for the GI translation.

Geographical Indication Translation Image File Name

Geographical Indication Translation Image Format

423. Geographical Indication Translation Image File Name

<com:FileName>1812659-00-01.png</com:FileName>

This element contains the file name of the geographical indication translation image. The format of the FileName will be [application number]-[extension_counter]-[sequence_number].pgn ex. 1812659-00-01.png

N/A

424. Geographical Indication Translation Image Format

<com:ImageFormatCategory>PNG</com:ImageFormatCategory>

This element contains the file format of the geographical indication translation image. Ex: “.png”

N/A

425. GI Product Category Bag

<catmk:NationalProductCategoryBag>

This bag contains the classification for GI which are for Agricultural and Food Products. The classification is based on the Harmonized System Tariff & HS Code Classification.

National Product Category

426. National Product Category

<catmk:NationalProductCategory>

This element contains the classification and description. Category Code

Category Description Bag

427. Category Code <cacom:CategoryCode>9</cacom:CategoryCode>

This element is the classification code based on the Harmonized System Tariff & HS Code Classification. See Appendix O.

N/A



428. Category Description Bag

<cacom:CategoryDescriptionBag> This bag contains the description of the HS Code. Category Description

429. Category Description

<cacom:CategoryDescription com:languageCode="en">Cereals: products falling under Chapter 10</cacom:CategoryDescription>

<cacom:CategoryDescription com:languageCode="fr">Céréales : produits mentionnés au chapitre 10</cacom:CategoryDescription

This element contains the description of the CategoryCode. See Appendix O.

FOOTNOTE BAG

430. Footnotes Bag <catmk:FootnoteBag> This element will contain a historical account of all amendments to a registration.

Footnote Record Type 999 - Footnotes

431. Footnote <catmk:Footnote com:sequenceNumber="6">

This element will contain a historical account of all amendments to a registration. The text may be provided in a structured format.

The sequence number is equal to the amount of footnotes.

Footnote Structured

Footnote Formatted Text

Record Type 999 - Footnotes

432. Footnote Structure

<catmk:FootnoteStructured>

This element contains the information on the historical account of the amendments to a registration.

Footnotes Code

Footnotes Code Description

Footnotes Action Registered date

Footnotes Action Changed Date

Footnotes Text Line Bag

Record Type 999 - Footnotes

433. Footnotes Code <cacom:CategoryCode>2</cacom:CategoryCode>

The code associated with the type of footnotes. Please refer to the Appendix M to review a list of available codes.

N/A Record Type 999 - Footnotes

434. Footnotes Code Description

<cacom:CategoryDescription>Assignment / Cession</cacom:CategoryDescription>

The description of the footnotes codes. Please refer to the Appendix M to review a list of available values.




435. Footnotes Action Registered date

<cacom:RegisteredDate>2009-01-07</cacom:RegisteredDate>

This element will indicate the date that the footnote action was registered in the Office.


436. Footnotes Action Changed Date

<cacom:ChangedDate>2008-10-28</cacom:ChangedDate>

This element will indicate the date that the footnote action/event changed. N/A Record Type 999 - Footnotes

437. Footnotes Text Line Bag

<cacom:TextLineBag>

This element provides a detailed historical account of all amendments to a registration.

Footnotes Text Line Record Type 999 - Footnotes

438. Footnotes Text Lines

<cacom:TextLine com:sequenceNumber="1">CHANGED/MODIFIER:</cacom:TextLine> <cacom:TextLine com:sequenceNumber="2">FROM/DE: NIKE (IRELAND) LTD.,</cacom:TextLine> <cacom:TextLine com:sequenceNumber="3">TO/A: NIKE INTERNATIONAL LTD.,</cacom:TextLine> <cacom:TextLine com:sequenceNumber="4">SEE EVIDENCE ON FILE/VOIR PREUVE AU DOSSIER 354509</cacom:TextLine>

This element provides a detailed historical account of all amendments to a registration.


439. Footnote Formatted Text

<catmk:FootnoteFormattedtext> Additional text to the historical account of all amendments to a registration. Footnote Formatted Text – Text Line Bag

440. Footnote Formatted Text – Text Line Bag

<cacom:TextLineBag This element provides the historical account of all amendments to a registration in full/expanded textual format.

Footnote Formatted Text – Text Line



441. Footnote Formatted Text – Text Line

<cacom:TextLine com:sequenceNumber="1">CHANGE IN TITLE / CHANGEMENT EN TITRE: </cacom:TextLine>

<cacom:TextLine com:sequenceNumber="2">TYPE OF CHANGE / GENRE DE CHANGEMENT: Assignment / Cession</cacom:TextLine>

<cacom:TextLine com:sequenceNumber="3">DATE REGISTERED / DATE DE L'ENREGISTREMENT: 1996-09-13</cacom:TextLine>

<cacom:TextLine com:sequenceNumber="4">DATE OF CHANGE / DATE DE CHANGEMENT: 1996-06-20</cacom:TextLine>

This element provides the historical account of all amendments to a registration in full/expanded textual format.

N/A

CATEGORIZED TEXT BAG

442. Application Texts

<catmk:CategorizedTextBag> This element will include all pertinent text related to the trademark.

- Trade-mark Exclusion

- Authorization of Use

- Geographic Indication Statement of Quality

- Geographic Indication Territory Description

- Certification Mark Text

- Standardization Mark Text

- Plant Variety

- Restrictions for Use

- Renewal Text

- Expungement/Cancellation Text

- Colour claim text for Word marks

Application Text Sequence Number

Application Text Description Code

Application Text Changed Date

Application Text Details Bag

Record Type 515

Record Type 520

Record Type 535

Record Type 536

Record Type 545

Record Type 546

Record Type 555

Record Type 620

Record Type 990

Record Type 995



443. Application Text Sequence Number

<catmk:CategorizedText com:sequenceNumber="1">

The order number of the application text. N/A

444. Application Text Code

<cacom:CategoryCode>38</cacom:CategoryCode>

The code of the type of application text. Please refer to the Appendix N to review a list of available values.

N/A

445. Application Text Description Code

<cacom:CategoryDescription com:languageCode="en">Standardization Mark Text</cacom:CategoryDescription>

The description of the application text. Please refer to the Appendix N to review a list of available values.

N/A

446. Application Text Changed Date

<cacom:ChangedDate>2015-09-12</cacom:ChangedDate>

The date on which the text was last modified. N/A

447. Application Text Details Bag

<cacom:TextLineBag>

This element will contain the details of the application text. Application Text

Details

448. Application Text Details

<cacom:TextLine com:languageCode="en">That the wares shall be of high standards and of such style, appearance and quality as shall be reasonably adequate and suited to the sale, exploitation and/or distribution of such wares to the best advantage; (For complete list of standards see file).</cacom:TextLine>

This element will contain the details of the application text.

N/A



NATIONAL ASSOCIATED MARK BAG

449. National Associated Marks Bag

<catmk:NationalAssociatedMarkBag>

This element will contain the Registration Numbers of all registered Trademarks and the application number for any pending applications which are similar enough to the trademark as to be in conflict if not owned by the same owner. These Associated Marks must always be owned by the same owner and an assignment (owner change) cannot be processed unless all Associated Marks are also assigned. The Associated Marks will point both ways (i.e. if trademark 'A' is associated to trademark 'B' then trademark 'B' is associated to trademark 'A'). The Associated Marks will create a tree structure for assignment purposes (i.e. if 'A' is associated to 'B' and 'B' is associated to 'A' and 'C' then to sell trademark 'A', trademarks 'B' and 'C' must be sold even though trademark 'C' is not directly associated with 'A').

National Associated Marks

Record Type 650 - Associated Marks

450. National Associated Marks

<catmk:NationalAssociatedMark>

This element will contain the Registration Numbers of all registered Trademarks and the application number for any pending applications which are similar enough to the trademark as to be in conflict if not owned by the same owner.

Application Number

Registration Number

Per Se Registration


451. Associated Application Number

<com:ApplicationNumber> This element contains information on the application number of the associated mark.

IP Office Code

Application Number


452. Associated IPO Office -Application Number


The IP Office code of the office who assigned the application number to the associated application.

N/A Record Type 650 - Associated Marks

453. Associated ST.13 Application Number


The trademark application number format recommended in WIPO Standard ST.13. This key is unique for each application and includes an Extension Counter which will make each extension of goods/services unique.


454. Associated Registration Number

<com:RegistrationNumber>TMA846132</com:RegistrationNumber>

This element will contain the Registration Number for an associated registered trademark. The Act and the Registration Number are combined to create the number provided.




455. Per Se Registration

<catmk:PerSeRegistration>false</catmk:PerSeRegistration>

This element will indicate if the associated registration number of any marks exist which contain evidence supporting the registrability of this application. All per se registrations will be associated marks but not all associated marks are per se registrations.

N/A Record Type 660 - Per Se Registrations

DOUBTFUL CASE BAG

456. Section 37(3) Doubtful cases Bag

<catmk:DoubtfulCaseBag>

This element will contain the Application or Registration number of a mark cited under Section 37(3) of the Trade-marks Act.

Doubtful Case

457. Section 37(3) Doubtful cases

<catmk:DoubtfulCase> This element will contain the Application or Registration number of a mark cited under Section 37(3) of the Trade-marks Act.

Application Number

Registration Number

Record Type 670 – 37(3) Notices

458. Section 37(3) Doubtful cases – Application Number

<com:ApplicationNumber>

This element will contain the Application Number for a registered trademark or trademark related information.

IP Office Code

Application Number

Record Type 670 – 37(3) Notices

459. Section 37(3) Doubtful cases – IP Office Code


The IP Office code (WIPO ST.3) of the office who assigned the application number to the application.

N/A

460. Section 37(3) Doubtful cases – ST.13 Application Number


The trademark application number format recommended in WIPO Standard ST.13. This key is unique for each application and includes an Extension Counter which will make each extension of goods/services unique.

N/A

461. Section 37(3) Doubtful cases – Registration Number

<com:RegistrationNumber>TMA581740</com:RegistrationNumber>

This element will contain the Registration Number for a registered trademark or trademark related information. The Act and the Registration Number are combined to create a formatted display output.

N/A Record Type 670 – 37(3) Notices



CLAIM BAG

462. Claim Bag <catmk:ClaimBag> This element will contain information on the claims. Claim (See catmk:Claim)

463. Claim <catmk:Claim> This element will contain information on the claims. This data does not need to be displayed as it is already formatted in the text records. The records will be in Sequence Number order. This data may be provided in an unstructured format.

- Priority Text

- Made Known in Canada

- Used in Canada

- Foreign Use

- Foreign Application

- Foreign Registration

- Registrability Recognized

- Proposed Use

- Declaration of Use

Claim Category Type

Claim Type Description

Claim Number

Claim Code

Claim Date

Claim Country

Claim Foreign Registration Number

Claim Additional Info

Claim Text

Goods Services Reference Bag

Record Type 018

Record Type 505

Record Type 570

Record Type 580

Record Type 590

Record Type 595

Record Type 600

Record Type 610

Record Type 630

Record Type 640

464. Claim Type <catmk:ClaimCategoryType>11</catmk:ClaimCategoryType>

This element will contain the coded version indicating the type of claim the information is for.

The values of the codes are:

10 Made Known in Canada

11 Used in Canada

12 Priority Filing

13 Foreign Use

14 Foreign Registration

15 Proposed Use in Canada

16 Declaration of Use

17 Registrability Recognized

18 Foreign Application

N/A

465. Claim Type Description

<catmk:ClaimTypeDescription com:languageCode="en">Used in CANADA</catmk:ClaimTypeDescription>

This element will provide the description of the claim type. N/A



466. Claim Number <catmk:ClaimNumber>1</catmk:ClaimNumber>

This element will contain a unique number for each claim of a particular claim type.

N/A Record Type 018

H1R8-CLAIM-NUM

467. Claim Code <catmk:ClaimCode>5</catmk:ClaimCode>

This element will identify the specific claim where more than one option is available. This code is dependent on the Claim Type.


Claim Type = 10 (Made Known in Canada)

1 Date of Making Known in Canada

2 Made Known in Canada since

3 Made Known in Canada since at least as early as

4 Made Known in Canada since as early as

5 Made Known in Canada since at least

6 entire text

7 Made Known in Canada since before

Claim Type = 11 (Used in Canada)

1 Used in Canada since

2 Used in Canada since at least as early as

3 Used in Canada since at least

4 Used in Canada since as early as

5 Date of first use in Canada

6 entire text

7 Used in Canada since before

Claim Type = 17 (Registrability Recognized)

1 Registrability Recognized under Section 14 of the Trade-marks Act

2 Registrability Recognized under Section 12(2) of the Trade-marks Act

3 Registration is subject to the provisions of Section 67(1) of the Trade-marks Act, in view of Newfoundland Registration No.

4 Entire text

5 Registrability Recognized under Rule 10 of the Trade Mark and Design Act

6 Registrability Recognized under Section 28(1)(d) of the Unfair Competition Act

7 Benefit of Section 14 of the Trade-marks Act is claimed

N/A



468. Claim Date <catmk:ClaimDate>

This element will contain the date of the claim where appropriate. It should be noted that certain claims will not have Claim Dates (i.e. Proposed Use, Registrability Recognized).

Structured Claim Date

OR

Unstructured Claim Date

Record Type 018

H1R8-CLAIM-DATE

469. Structured Claim Date

<catmk:StructuredClaimDate> 2014-07-01 </catmk:StructuredClaimDate>

This element will contain the date of the claim where appropriate in a structured format. It should be noted that certain claims will not have Claim Dates (i.e. Proposed Use, Registrability Recognized).

N/A Record Type 018

H1R8-CLAIM-DATE

470. Unstructured Claim Date

catmk:UnstructuredClaimDate> This element will contain the date of the claim where appropriate in an unstructured format. It should be noted that certain claims will not have Claim Dates (i.e. Proposed Use, Registrability Recognized).

This element is used when not all elements (DD or DD&MM) of a structured date are present.

Claim Year

Claim Month

Claim Day

Record Type 018

H1R8-CLAIM-DATE

471. Claim Year <catmk:ClaimYear>1986</catmk:ClaimYear>

This element contains the year of the claim. N/A Record Type 018

H1R8-CLAIM-DATE

472. Claim Month <catmk:ClaimMonth>11</catmk:ClaimMonth>

This element contains the month of the claim. N/A Record Type 018

H1R8-CLAIM-DATE

473. Claim Day <catmk:ClaimDay>11</catmk:ClaimDay>

This element contains the day of the claim. N/A Record Type 018

H1R8-CLAIM-DATE

474. Claim Country <catmk:ClaimCountryCode>US</catmk:ClaimCountryCode>

This element will appear for the Foreign Registration, Foreign Application, Foreign Use and Priority Filing claim types. This element will indicate the country being claimed.

N/A Record Type 018

475. Claim Foreign Registration Number

<catmk:ClaimForeignRegistrationNbr>3,682,959</catmk:ClaimForeignRegistrationNbr>

This element may appear for claim type = 14 (Foreign Registration) claim type = 18 (Foreign Application), or 12(Priority Filing). This element will contain the application/registration number of the same trademark previously filed/registered in a foreign country.

N/A Record type 018

H1R8-FOR-NO

476. Claim Additional Information

<catmk:ClaimAdditionalInfo> This element will contain up to 45 characters of text related to the claim. This element would be used where the particular claim could not be coded or where additional information on the claim was to be added. This information is for reference as the entire text will appear in the various claim text records.

N/A Record Type 018

H1R8-CLAIM-TEXT



477. Claim Text <catmk:ClaimText>Proposed Use in CANADA</catmk:ClaimText>

This element contains the expansion of the claim coded information.

N/A Record Type 018

H1R8-CLAIM-CODE

Record Type 570

Record Type 580

Record Type 590

Record Type 595

Record Type 600

Record Type 610

Record Type 630

Record Type 640

478. Goods Services Reference Bag

<catmk:GoodsServicesReferenceBag>

This element contains the linkage of claims to the goods and services. Goods Services Reference

479. Goods Services Reference

<catmk:GoodsServicesReference>

This element links claims to the goods and services. Goods Services Reference Identifier

480. Goods Services Reference Identifier

<catmk:GoodsServicesReferenceIdentifier>Goods1</catmk:GoodsServicesReferenceIdentifier>

This element uses a reference identifier to link the claims to the goods and services.

N/A Record Type 019

H1R9-WS-NUM

INDEX HEADING BAG

481. Index Headings <catmk:IndexHeadingBag> This element will contain the Index (Subject) Headings for the trademark. These headings will be used to index the trademark by all distinct characteristics Word elements. There must be at least one Index Heading record for each word mark application as a minimum and no maximum. There may be Index Heading records for design mark applications if the mark contains word elements. The Index Headings are one per record.

Index Heading Record Type 680 - Index (Subject) Headings

482. Index Heading Order

<catmk:IndexHeading com:sequenceNumber="1">

The sequence number indicating the order number of the index heading. Index Heading Text Record Type 680 - Index (Subject) Headings

483. Index Heading Text

<catmk:IndexHeadingText>MEMORIA</catmk:IndexHeadingText>

Textual information on the index heading. N/A Record Type 680 - Index (Subject) Headings



MARK TRANSLATION OR TRANSLITERATION

484. Foreign Character Translation/Transliteration

<catmk:MarkTranslationOrTransliteration com:languageCode="en"> The translation provided by the applicant of the word(s) ADI is Blow. </catmk:MarkTranslationOrTransliteration>

This text will contain a translation into English or French of any words in any other language appearing in the Trademark as well as where the trademark contains matter expressed in characters other than Latin characters or in numerals other than Arabic or Roman numerals, a transliteration of the matter in Latin characters and Arabic numerals.

Record Type 530

INTERESTED PARTY BAG

485. Interested Party Bag

<catmk:InterestedPartyBag> This element is for a trademark application. It will contain the information about Other Interested Parties.

Interested Party

486. Interested Party <catmk:InterestedParty> This element is for a trademark application. It will contain the information about Other Interested Parties. The relationship between the Interested Party and the trademark is identified via the Relationship field (example Opponent, Pending Owner).

Interested Party Role Category

Interested Party Contact Information

Record Type 027

Record Type 021, or

Record Type 024, or

Record Type 025, or

Record Type 026

487. Interested Parties Type

<catmk:InterestedPartyCategory>Registrant</catmk:InterestedPartyCategory>

This element will indicate the relationship of the interested parties.

The values are listed in Appendix P.

N/A Record Type 027


Record Type 021,

H2R1-APP-NAME

or

Record Type 024,

H2R4-APP-NAME




Postal Address Bag




This element contains the information on the entity’s name. Entity Name Record Type 021

H2R1-APP-NAME

or

Record Type 024

H2R4-APP-NAME

or

Record Type 027

H2R7-RELATIONSHIP


This element contains the language and value of the entity’s name. N/A


<com:PostalAddressBag> This element contains all the information on the interested party’s postal addresses.

Postal Address Record Type 022, or

Record Type 023, or

Record Type 025, or

Record Type 026, or

Record Type 027

H2R7-RELATIONSHIP


492. Postal Address <com:PostalAddress> This element contains all the information on the interested party’s postal address.





Address Line Text


Country Code

Postal Code







This element contains the interested party’s postal address. N/A



Only Canadian provinces will be made available through this data element. N/A Record Type 023

H2R3-APP-CNTRY-PROV

or

Record Type 026

H2R6-APP-CNTRY-PROV

or

Record Type 027

H2R7-RELATIONSHIP







Only Canadian postal codes will be made available through this data element. N/A

498. Correspondence Address

<com:CorrespondenceAddress> This will be the address that the Office will send correspondence to if different than the applicant’s address

Language of correspondence




Postal Address Bag






This element contains the language and value of the entity’s name. N/A


<com:PostalAddressBag> This element contains all the information on the interested party’s postal addresses.

Postal Address

503. Postal Address <com:PostalAddress> This element contains all the information on the interested party’s postal address.





Address Line Text


Country Code

Postal Code





This element contains the interested party’s postal address. N/A



Only Canadian provinces will be made available through this data element. N/A






Only Canadian postal codes will be made available through this data element. N/A



APPENDIX A — MAPPING OF WIPO STATUS WITH CIPO’S STATUS

WIPO Status WIPO Description CIPO’s Status

Application Filed Application Filed 1 – Pre-Formalized 34 – Default Pre-Formalized

Filing date accorded Filing date accorded

2 – Formalized 35 – Default Formalized 6 – Default Searched 26 – Searched

Classification checked Classification checked

Application accepted

Application accepted

7 – Approved 8 – Accepted for publication

Application published Application published

9 – Advertised 11 – Allowed 25 – Default Allowed 40-Registration Pending 41-Default - Registration Pending

Opposition pending Note: The WIPO status of opposition “pending” covers the entire opposition process from a request for extension of time to submit the statement of opposition, the processing of the opposition, and to the final decision.

Opposition pending

10 – Opposed 60 – Proposed Opposition

Registration published Registration published

12 – Registered 23 – Granted 27 – Entered on the list 33 – Protected 9 – Advertised for section 9 marks 7 – Approved for Boy Scouts, Girl Guides, and Royal Canadian Legion marks.

Application refused Application refused 5 – Refused 31 – Refused Section 38(8) 37 – Not recommended

Application withdrawn Application withdrawn

20 – Abandoned Voluntary 20 – Withdrawn by Owner 21 – Withdrawn 32 – Inactivated

Appeal pending Appeal pending 36 – Refused – Awaiting Appeal



Interruption of Proceeding Interruption of Proceeding

3 – Abandoned Section 36 4 – Abandoned Section 40(3) 17 – Inactive – Partial Transfer 18 – Merged 19 – Abandoned 22 – Abandoned – Section 38(7) 42 – Inactive - Transferred 55 – Deemed Never Filed

Registration cancelled


13 – Expunged 28 – Removed 30 – Expunged Section 45(3) 54 – Revoked 29 – Cancelled

Conversion requested Conversion requested

Registration surrendered Registration surrendered 14 – Cancelled by Owner 15 – Withdrawn 24 – Surrendered

Revocation Proceeding pending Revocation Proceeding pending

Invalidity Proceeding pending Invalidity Proceeding pending

Action before court of justice pending


38 – Refused – Appeal in progress



APPENDIX B — DEFINITION OF WIPO CATEGORY TYPES


WIPO Category WIPO Definition CIPO Category

Mark

Any sign or combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. This can include a trademark, service mark, collective trademark, collective service mark, or certification mark.

02 - Prohibited Mark; Official Mark

03 - Prohibited Mark; Arms, Crest or Flag

06 - Prohibited Mark; Flag

08 - Prohibited Mark; Sign or Hallmark

09 - Prohibited Mark; Armorial Bearings

10 - Prohibited Mark; Abbreviation of the Name

11 - Prohibited Mark; Name

13 - Standardization Mark

15 - Denomination

16 - Geographical Indication

17 - Mark Protected by Federal Act of Incorporation

18 - Mark Protected by an Act Respecting the Royal Canadian Legion

19 - Prohibited Mark; Emblem

20 - Prohibited Mark; Arms, Crest or Emblem

21 - Prohibited Mark; Badge, Crest, Emblem or Mark

Trademark

Any sign or combination of signs, capable of distinguishing the goods of one undertaking from those of other undertakings. Sometimes the term “trademark” is also used as a synonym of the term “mark” and thus referring to both goods and/or services.

01 - Trade-Mark

05 - Distinguishing Guise

07 - General Mark

12 - Specific Mark

13 - Standardization Mark

14 - Union Label

Service mark

Any sign or combination of signs, capable of distinguishing the services of one undertaking from those of other undertakings.

Individual mark The value Individual Mark is the opposite of the value Collective Mark.

Collective mark

Any trademark or service mark that is used by members of a collective organization (such as a cooperative, an association or a federation of industries, producers or traders) and that distinguishes the goods and/or services of the members of that collective organization from those of non-members.



Collective trademark

A sub-type of collective mark that is used by members of a collective organization (such as a cooperative, an association or a federation of industries, producers or traders) and that distinguishes the goods of the members of that collective organization from those of non-members.

Collective service mark

A sub-type of collective mark that is used by members of a collective organization (such as a cooperative, an association or a federation of industries, producers or traders) and that distinguishes the services of the members of that collective organization from those of non-members.

Collective membership mark

A sub-type of collective mark that is used only to indicate membership in the collective organization. It is not used to identify and distinguish any goods or services of one undertaking from those of other undertakings.

Certification mark, also named Guarantee mark

Any mark used by a person other than its owner to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. It distinguishes goods or services certified by the proprietor of the certification mark from the goods and services of other undertakings.

04 - Certification Mark

Well known mark under TRIPS Article 16_2

Any mark that is well-known to the relevant sector of the public in the country or territory where its registration or use is sought and that is to be protected pursuant to Article 16_2 of the TRIPS Agreement.

Well known mark under TRIPS Article 16_3

Any mark that is well-known to the relevant sector of the public in the country or territory where its registration or use is sought and that is to be protected pursuant to Article 16_3 of the TRIPS Agreement.

Well known collective mark



APPENDIX C — MARK FEATURE CATEGORY TYPES

ST.96 MarkFeatureCategoryType

CIPO’s values

*Word Standard Characters

Word

Figurative Design

Combined Multi-type

Three-dimensional Distinguishing Guise (as per Trademark Class)

Three-dimensional (3-D)

Colour Colour

Sound Sound

Hologram Hologram

Olfactory Scent

Motion Motion

Touch Texture

Taste Taste

Position Position

Other Mode of Packaging Goods

*Note: The StandardCharacterIndicator will be set to true to identify if the Word is in standard characters.



APPENDIX D — CANADIAN EXTENSIONS TO THE VIENNA CLASSIFICATION The values of the codes are:

A 1.17.50 Map of Canada A 1.17.51 Map of Ontario A 1.17.52 Map of Quebec A 1.17.53 Map of Nova Scotia A 1.17.54 Map of New Brunswick A 1.17.55 Map of Manitoba A 1.17.56 Map of British Columbia A 1.17.57 Map of Prince Edward Island A 1.17.58 Map of Saskatchewan A 1.17.59 Map of Alberta A 1.17.60 Map of Newfoundland and Labrador A 1.17.61 Map of Northwest Territories A 1.17.62 Map of Yukon A 1.17.63 Map of Nunavut A 2.1.50 Hockey or ringette player(s) A 2.1.51 Lacrosse player(s) A 2.1.52 Mounted police A 2.1.53 Native(s), Aboriginal(s), Indian our Inuit rep. of the Canadian people A 2.1.54 Canoeist(s) or kayaker(s) A 2.1.55 Snowmobiler(s) A 2.1.56 Men accompanied by dogsled team(s) A 2.1.57 Men snowshoeing A 2.1.58 Canadian historical figures (men) A 2.1.59 Curling player(s) A 2.1.60 Broomball player(s) A 2.1.61 Cowboy(s) A 2.1.62 Lumberjack(s) A 2.3.50 Hockey or ringette player(s) A 2.3.51 Lacrosse player(s) A 2.3.52 Mounted police A 2.3.53 Native(s), Aboriginal(s), Indian or Inuit rep. of the Canadian people A 2.3.54 Canoeist(s) or kayaker(s) A 2.3.55 Snowmobiler(s) A 2.3.56 Women accompanied by dogsled team(s) A 2.3.57 Women snowshoeing A 2.3.58 Canadian historical figures (women) A 2.3.59 Curling player(s) A 2.3.60 Broomball player(s) A 2.3.61 Cowgirl(s) A 2.7.50 Rodeo with cowboys and/or cowgirls A 2.7.51 Curling A 2.7.52 Men, women or group dogsledding A 2.7.53 Men, women or group snowshoeing A 2.7.54 Men, women or group playing hockey or ringette A 2.7.55 Men, women or group playing lacrosse A 2.7.56 Men, women or group playing broomball A 3.1.50 Siberian Husky or Inuit Dog (Nunavut) A 3.1.51 Dog team A 3.1.52 Retriever (Nova Scotia Duck Tolling) A 3.1.53 Newfoundland dog A 3.1.54 Polar bear



A 3.4.50 Moose A 3.4.51 Caribou A 3.4.52 White-tailed deer (Saskatchewan) A 3.4.53 Rocky Mountain bighorn sheep (Alberta) A 3.7.50 Common loon (Ontario) A 3.7.51 Snowy owl (Quebec) A 3.7.52 Osprey (Nova Scotia) A 3.7.53 Black-capped chickadee (New Brunswick) A 3.7.54 Great gray owl (Manitoba) A 3.7.55 Steller's jay (British Columbia) A 3.7.56 Blue jay (Prince Edward Island) A 3.7.57 Sharp-tailed grouse (Saskatchewan) A 3.7.58 Great horned owl (Alberta) A 3.7.59 Atlantic puffin (Newfoundland and Labrador) A 3.7.60 Partridge (ptarmigan) (Newfoundland and Labrador) A 3.7.61 Gyrfalcon (Northwest Territories) A 3.7.62 Common raven (Yukon) A 3.7.63 Rock ptarmigan (Nunavut) A 3.7.64 Canadian goose A 5.3.50 11-pointed Canadian maple leaf (leaves) A 5.3.51 Other maple leaf (leaves) A 5.3.52 Semi maple leaf (leaves) A 5.5.50 Trillium (Ontario) A 5.5.51 Fleur-de-lys (Quebec) A 5.5.52 Mayflower (Nova Scotia) A 5.5.53 Purple violet (New Brunswick) A 5.5.54 Prairie crocus (Manitoba) A 5.5.55 Pacific dogwood (British Columbia) A 5.5.56 Lady's slipper (Prince Edward Island) A 5.5.57 Western red lily (Saskatchewan) A 5.5.58 Wild rose (Alberta) A 5.5.59 Pitcher plant (Newfoundland and Labrador) A 5.5.60 Mountain avens (Northwest Territories) A 5.5.61 Fireweed (Yukon) A 5.5.62 Purple saxifage (Nunavut) A 5.7.50 Sheaves of wheat (Saskatchewan) A 5.7.51 Wild blueberries, cranberries A 7.1.50 Traditional Canadian buildings (longhouse, sugar shack, log cabin, etc.) A 7.1.51 Tepees A 7.5.50 Canadian historical buildings and landmarks A 7.5.51 Inukshuk A 9.9.50 Moccasins A 18.1.50 Snowmobile A 18.3.50 Canadian canoe and kayak A 21.3.50 Snowshoes A 21.3.51 Curling equipment A 21.3.52 Hockey or ringette equipment A 21.3.53 Broomball equipment A 21.3.54 Lacrosse equipment A 22.5.50 Native crafts (ex. dream catcher, etc.) A 24.1.50 Canadian coat of arms A 24.1.51 Ontario coat of arms A 24.1.52 Quebec coat of arms A 24.1.53 Nova Scotia coat of arms A 24.1.54 New Brunswick coat of arms A 24.1.55 Manitoba coat of arms A 24.1.56 British Columbia coat of arms



A 24.1.57 Prince Edward Island coat of arms A 24.1.58 Saskatchewan coat of arms A 24.1.59 Alberta coat of arms A 24.1.60 Newfoundland and Labrador coat of arms A 24.1.61 Northwest Territories coat of arms A 24.1.62 Yukon coat of arms A 24.1.63 Nunavut coat of arms A 24.7.50 Canadian flag A 24.7.51 Queen's personal Canadian flags A 24.7.52 Governor General's flag A 24.7.53 Ontario's flag A 24.7.54 Quebec's flag A 24.7.55 Nova Scotia's flag A 24.7.56 New Brunswick's flag A 24.7.57 Manitoba's flag A 24.7.58 British Columbia's flag A 24.7.59 Prince Edward Island's flag A 24.7.60 Saskatchewan's flag A 24.7.61 Alberta's flag A 24.7.62 Newfoundland and Labrador's flag A 24.7.63 Northwest Territories' flag A 24.7.64 Yukon's flag A 24.7.65 Nunavut's flag A 24.7.66 Acadian flag A 24.7.67 Canadian Francophone communities' flags A 24.11.50 Canadian emblems 28.20.0 Inscription in Canadian Aboriginal characters 28.21.0 Inscription in Canadian Inuit characters



APPENDIX E — CLASSIFICATION DATA The values of the codes are:

00 - no classifiable goods/services 01 - Chemicals 02 - Coatings, pigments 03 - Cleaning Products, Cosmetics 04 - Petroleum Products 05 - Pharmaceutical, Veterinary Products 06 - Metals, Hardware 07 - Machines, Parts 08 - Hand Tools, Cutlery 09 - Instruments 10 - Medical, Dental Instruments & Apparatus 11 - Appliances, Lighting, Heating, Sanitary Installations 12 - Vehicles, Accessories 13 - Guns, Explosives 14 - Precious Metals, Jewellery 15 - Musical Instruments 16 - Stationery Items 17 - Rubber, Plastic Items 18 - Leather & Substitute Goods 19 - Construction Materials 20 - Furniture 21 - Containers, Utensils, Brushes, Cleaning Implements 22 - Ropes, Nets, Awnings, Sacks, Padding Materials 23 - Yarns, Threads 24 - Fabrics, Blankets, Covers 25 - Clothing, Footwear 26 - Sewing Notions 27 - Wall & Floor Coverings 28 - Games, Toys, Sports Equipment 29 - Foods - Dairy, Meat Preserved Foods 30 - Foods - Spices, Bakery Goods 31 - Fresh Fruit, Vegetables, Live Animals, Farming 32 - Beer, Ales, Soft Drinks, Syrups 33 - Wines, Spirits, Liqueurs 34 - Tobacco, Smokers' Requisites 35 - Advertising; business management; business administration; office functions 36 - Insurance; financial affairs; monetary affairs; real estate affairs 37 - Building construction; repair; installation services 38 - Telecommunications 39 - Transport; packaging and storage of goods; travel arrangement 40 - Treatment of materials 41 - Education; providing of training; entertainment, sporting and cultural activities 42 - Scientific and technological services, research and design; industrial analysis and research services; design and development of computer hardware and software. 43 - Services for providing food and drink; temporary accommodation 44 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services 45 - Legal services; security; personal and social services



APPENDIX F — WIPO MARK EVENT

WIPO Mark Event WIPO Description CIPO Actions

Application filed Application filed 30 – Filed

Filing date accorded Filing date accorded 31 – Formalized, 22 – Search Recorded

Classification checked Classification checked

Application accepted Application accepted 26 – Approved, 29 – Accepted for publication

Application published Application published 42 – Advertised

Opposition pending Opposition pending 70 – Opposed, 110 – Proposed Opposition

Registration published Registration published

55 – Registered, 120 – Entered on the list, 74 – Granted, 42 – Advertised for section 9 marks 26 – Approved for Boy Scouts, Girl Guides, and Royal Canadian Legion marks.

Application refused Application refused

9 – Refused, 170 – Removed not recommended 169 – Not recommended, 128 – Refused-Section 38(8)

Application withdrawn Application withdrawn

5 – Withdrawn by Owner 239 – Withdrawn – Failure to Renew 249 - Withdrawn

Appeal pending Appeal pending 134 – Refused Awaiting Appeal

Interruption of Proceeding Interruption of Proceeding

2 – Transferred 3 – Inactivated 6 – abandoned – Section 36 7 – abandoned – Section 40(3) 17 – abandoned 72 – Abandoned – Section 38 Opposition 166 – Abandoned – Section 36 Opp/S45 177 – Merger Recorded 180 – Deemed Never Filed





54 – Rights Revoked 62 – Expunged Failure to Renew 73 –Expunged – Non Use 84 – Expunged – Court Order 91 – Cancelled Section 50 UCA 92 – Expunged – Failure to Provide Information 97 – Cancelled Section 23 UCA 98 – Cancelled Section 48 UCA 121 – Removed 227 – Expunged – Failure to Provide Additional Renewal Fee 246 – Expunged under Section 41.1(1)

Conversion requested Conversion requested

Registration surrendered Registration surrendered 101 – Rights Surrendered 65 – Cancelled by Owner 10 – Withdrawn

Revocation Proceeding pending Revocation Proceeding pending

Invalidity Proceeding pending Invalidity Proceeding pending



171 – Refused – Appeal in progress, 165 – Appeal in progress

National prosecution history entry One event in a list of historical events related to the prosecution of a national trademark

All other actions are mapped here.

Domestic international application history Entry

One event in a list of historical events related to an international application, kept by the National Office

National board proceeding history entry

One event in a list of historical events related to a single national trademark board Proceeding

National assignment history entry One event in a possible list of historical events related to a single national trademark assignment

Location history entry One event in a possible list of location events related to a single national trademark



APPENDIX G — CIPO OFFICE ACTIONS The values of the codes are:

01 Created: The very first step in the automated trademarks registration process is to create a paper file in order to store all related paper documents.

02 Transferred: This action is created when a partial ownership occurs or when an application to extend the goods/services is moved to its own file. In either situation, the old file/application status is set to “transferred”. The old file/application is maintained for reference purposes.

03 Inactivated: The application has become inactive.

04 Re-activated: The application has become reactivated from its previous inactive status prior to formalization.

05 Abandoned - Voluntary: The application has been voluntarily abandoned by the applicant.

06 Abandoned - section 36: The application has been abandoned by the Trademarks Office for being in default (failure to comply with an Office request in the allocated time) in the prosecution of an application filed under the Trade-Marks Act.

07 Abandoned - section 40(3): The application for the registration of a proposed trademark is deemed to be abandoned for failure to provide a declaration of use to the Registrar stating that the applicant is using the specified goods and/or services as outlined in the application.

08 Cancelled - section 16(3): The proposed goods and/or services have been cancelled for failure to provide a declaration of use to the Registrar stating that the applicant is using the specified goods and/or services as outlined in the application. This action is created if, after the proposed goods/services are cancelled, there remains goods/services which have been used; otherwise the entire application would have been abandoned, in compliance with section 40(3).

09 Refused: The application for the registration of a proposed trademark has been refused by the Registrar of trade-marks.

10 Withdrawn: The section 9 trademark has been withdrawn by the applicant.

11 Abandonment Removed: The “abandoned” status has been removed.

12 Extension of Time: An extension of time has been granted to the applicant in order to respond to a request by the Trademarks Office.

13 Default: The application for the registration of a proposed trademark is in default for

failure to respond to a request by the Trademarks Office. If the default is not corrected the next step would be “Abandoned - section 36”.

14 Default Notice Sent: A notice of default has been sent to the applicant

15 Correspondence Created: The Trademarks Office has generated correspondence to the

applicant/registrant.



17 Abandoned: The application for the registration of a trademark has been abandoned.

This is an old code from the previous computer system which did not identify under which section the abandonment took place (section 36, 40(3), section 38). While this code exists for old abandoned applications, it should not occur for ongoing abandonments.

18 Extension of Time Refused: The Trademarks Office has refused a request for an extension of time by the applicant.

19 Extension of Time Refused - No Fee: The Trademarks Office has refused a request for an extension of time by the applicant for failure to pay the required fee.

20 Examiner’s First Report: The examiner has completed the first report on the application for the registration of a trademark application.

22 Search Recorded: A detailed search for any potential impediments to the successful

registration of the trademark application has been completed.

23 Remove Default: The “default” status has been removed from the application.

24 NUANS Search Recorded: A NUANS search (Innovation, Science and Economic Development Canada’s corporation’s database search engine) has been completed for the application. This is an old code and the NUANS search is no longer performed by the Office.

25 Search Removed: The “search” action has been removed.

26 Approved: The application for the registration of a trademark has been approved by the Trademarks Office.

27 Approval Notice Sent: An approval notice was sent to the applicant or his agent for his review of the information in the application for the registration of a trademark.

28 Approval Removed: The “approval” status has been removed from the application.

29 Accepted for Publication: The application for the registration of a section 9 mark has

been accepted for publication in the Trade-marks Journal.

30 Filed: The date a complete application for the registration of a trademark has been filed with the Trademarks Office.

31 Formalized: This action will come after the “filed” action. At this stage, the application has

adhered to all of the rules and regulations for the format and content on the application. The information can now be made available to the general public.

32 Remove NUANS Report: The NUANS search report has been removed from the application.

33 Record Security Interest / License Agreement: A security interest or license

agreement has been received and recorded by the Trademarks Office.

34 Partial Ownership: Partial ownership by two parties sharing part or all of the rights to the use of the trademark.

35 Remove Accept for Publication: The acceptance for publication in the Trade-marks Journal has been removed for the application.



37 Amendment to Goods/Services: A change has been made to the goods and/or services for the registration.

38 Abandoned - Voluntary Before Public Notice: The application for the registration of a

trademark has been abandoned by the applicant before public notice. 39 Abandoned Before Public Notice: The application for the registration of a trademark

has been abandoned before public notice.

40 Translation Requested: A translation for the other official language has been requested for the application. **No longer disseminated effective June 11, 2011**

41 Translation Received: A translation for the other official language has been received for

the application. **No longer disseminated effective June 11, 2011** 42 Advertised: The mark is advertised (published) in the Trade-marks Journal.

43 Re-advertisement Requested: Re-advertisement in the Trade-marks Journal has been

requested for the application. This normally occurs due to a significant error in the original publication of the application.

44 Erratum Requested: An erratum or mention of some minor correction to the application in the Trade-marks Journal has been requested.

45 Erratum Published: The erratum or mention of some minor correction to the application has been made in the Trade-marks Journal.

46 Section 37(3) Notice Sent: A notice is sent to the owner of an existing registration by the Trademarks Office when the Registrar is in doubt whether the new trademark application is registerable based on the existing registered mark.

47 Advertisement Removed: The “advertised” status has been removed for the application.

48 Agent Changed: The agent for the application has changed.

49 Extracted for Advertisement: The application has been extracted from the Intrepid database for inclusion in the Trade-marks Journal.

50 Allowed: The application for the registration of the trademark has been allowed. This

occurs after the 2-month opposition period from advertisement has passed if no opposition has been filed or resolved.

51 Allowance Notice Sent: An allowance notice has been sent to indicate that the

application for the registration of the trademark has been allowed. Any additional registration requirement by the Trademarks Office that needs to be fulfilled for registration will be included in the allowance notice. This could include part or all of the following:

a) request for registration fee payment; b) request for declaration of use for any proposed goods and or services

included in the application.

52 Allowance Removed: The “allowance” status has been removed from the application. 53 Document Placed on File: Records that a document has been placed on the trademark

file.

54 Rights Revoked: The rights granted under the Plant Breeders’ Rights Act have been



revoked/removed by the Canadian Food Inspection Agency. 55 Registered: The trademark has been registered.

56 Registration Removed: The “registered” status has been removed for the application.

57 Amendment to Registration: An amendment has been made to the registration. This

can consist of: - The addition or removal of goods and or services. - A correction or change in the name, address or description of the registered owner or

his representative for service. - A cancelation of the registration. - The addition of a disclaimer which does not extend the rights in any way.

58 Refusal Removed: The status “refused – awaiting appeal” has been removed for the

application.

59 Second Renewal Notice Sent: A second renewal notice has been sent to the representative for service / current owner requesting renewal fees. This may occur when the Office sent the original renewal notice to an incorrect address while the correct address was on file.

60 Renewal Notice Sent: A renewal notice has been sent to the representative for service / current owner requesting renewal fees.

61 Renewed: The registration has been renewed by the Trademarks Office. The renewal

period is 15 years from registration or the previous renewal.

62 Expunged—Failure To Renew: The registered trademark has been expunged by the Trademarks Office for failure to renew.

63 Renewal Removed: The renewal action was recorded in error. The renewal date will be rolled back to its previous date. The registration may be in a position to be expunged for failure to renew.

64 Expungement Removed: The “expungement” status will be removed for the registration.

65 Cancelled by Owner: The registration has been cancelled by the owner.

66 Cancellation Removed: The “cancellation” status has been removed for the registration. 67 Agent Name Change: Indicate that the name of the agent has changed. While action

code 48 is an agent change, this action (67) indicates that, while the actual agent remained the same, there was a change in the agent name information.

68 Rep for Service Name Change: Indicate that the name of the representative for service

has changed. While action code 87 is a rep for service change, this action (68) indicates that, while the actual representative for service remained the same, there was a change in the representative for service name information.

70 Opposed: The application for the registration of a trademark has been opposed.

71 Opposition Removed: Any opposition against the trademark has been removed.

72 Abandoned - Section 38 Opposition: The application for the registration of a trademark has been abandoned by the applicant during the opposition process.



73 Expunged - Non-use: The registration has been expunged for non-use.

74 Granted: The plant variety name has been granted protection under the Plant Breeders’ Rights Act (PBRA). The Trade-marks Act precludes any infringement of a plant variety name (under the PBRA) by a trademark application.

75 Automatic Expungement—Failure to Renew: The registered trademark has been

expunged automatically for failure to renew.

80 Change in Title Registered: A change in ownership has occurred for the application/registration.

81 Owner Name Changed: A change in owner’s name has occurred for the application/registration.

82 Owner Address Changed: A change in owner’s address has occurred for the application/registration.

83 Assignment Correspondence Created: An assignment correspondence has been created for the file.

84 Expunged - Court Order: The registration has been expunged by court order.

85 Title Seized: The title to the ownership of the trademark has been seized.

86 Released from Seizure: The seizure to the rights to the ownership of the trademark has been released.

87 Rep for Service changed: The representative for service for the application/registration

has changed. 88 Security Interest Placed: A security interest has been placed on file.

89 Security Interest Removed: The security interest has been removed from the file.

90 Clerical Correction: A correction due to a clerical mistake has been made to the file. 91 Cancelled - Section 50 UCA: The registration has been cancelled under section 50 of

the Unfair Competition Act.

92 Expunged - Failure to Provide Information: The registration has been expunged for failure to comply with a request for information by the Trademarks Office.

93 Created by Transfer: The file was created as a result of a transfer of information from a previous file.

94 Record License Agreement: A license agreement to the rights for use of the trademark

to an additional party has been recorded. 95 Remove License Agreement: The license agreement to the rights for use of the

trademark by an additional party has been removed.

96 Remove Expungement - Court Order: The expungement of the trademark has been removed following an order from the Federal Court.

97 Cancelled - Section 23 UCA: The registration has been cancelled under section 23 of




98 Cancelled - Section 48 UCA: The registration has been cancelled under section 48 of


99 Expunged - Failure to Provide Representation: The registration has been expunged by the Trademarks Office for failure to provide a representative for service.

101 Rights Surrendered: The rights for the usage of a specific name for a plant variety under

the PBRA (Plant Breeders’ Rights Act) mark have been surrendered by the owner. 102 Contact Changed: A contact was either added or removed for a section 9 in “advertised”

status.

103 Requesting Party Name Changed: The name of the requesting party of a section 9 in “advertised” status was modified.

104 Requesting Party Address Changed: The address of the requesting party of a section 9

in “advertised” status was modified.

105 Requesting Party Name and Address Changed: The name and address of the requesting party of a section 9 in “advertised” status were modified.

110 Proposed Opposition: An intention to oppose the application has been signified to the Trademarks Opposition Board, but no statement has been submitted to the Office.

111 Remove Proposed Opposition: The intention to oppose the application has been

removed. 120 Entered on the List: A geographical indication has been entered on the list of protected

GIs.

121 Removed: A geographical indication has been removed from the list of protected GIs. 123 Extracted for Canada Gazette: The geographical indication has been extracted for

publication in the Canada Gazette. This code is for GIs that were published prior to Bill C-30 coming into force.

128 Refused - Section 38(8): The application for the registration of the trademark has been

refused during an opposition.

129 Refusal Letter Sent: A refusal letter has been sent to the agent / rep for service and applicant, informing them that their application for the registration of the trademark has been refused by the Registrar of trade-marks.

130 Note to File: This action indicates that a note/comment/observation has been added to

the trademark file. The additional information field will contain a brief description of the note.

134 Refused - Awaiting Appeal: The application has been refused by the Trademarks

Opposition Board, however either the 2-month appeal period has not passed or the refusal has been appealed to the Federal Court.

135 Amendment to Application: The application has been modified while still pending.

144 Remove Refusal Letter Sent: The refusal letter sent was removed, which resets the

application status to “Searched”.



165 Appeal in Progress: This action indicates an appeal was filed on a refusal decision.

166 Abandoned - Section 36 - Opp/S45: This action indicates the application was abandoned under section 36.

167 Examiner’s First Report Removed: The examiner’s first report on the application for the

registration of a trademark application has been removed.

168 Erratum Extracted for Advertisement: The erratum has been extracted from the INTREPID database for inclusion in the next Trade-marks Journal.

169 Not Recommended: This action indicates that an indication has not been recommended

for entry on the list of geographical indications.

170 Remove Not Recommended: The status “Not Recommended” has been removed for the geographical indication.

171 Refused - Appeal in Progress: The application has been refused by the Office (either in

examination or by the Trademarks Opposition Board), however, the refusal has been appealed to the Federal Court.

172 Record Federal Court Proceeding Initiated: This action indicates that a Federal Court

Proceeding has been initiated. 173 Record Federal Court Proceeding Completed: This action indicates that a Federal

Court Proceeding has been completed. 174 Nice Classification Courtesy Letter Sent: A courtesy letter was sent to trademark

owners inviting them to group and class their goods and/or services according to the classes of the Nice Classification

175 Division recorded: This action indicates a division was created from this application. A

new application number was given to the division. 176 Created by Division: This action indicates that this application was created from the

division of another application. 177 Merger recorded: This action indicates that an application that was originally divided

from this file was merged into back into it upon registration 178 Adjusted Renewal Fee Notice Sent 179 Adjusted Renewal Fee Received 180 Deemed Never Filed: This action indicates that this application was inactivated due to

the office not having received the information required to formalize the application by the response date given to the owner/agent.

181 Remove Deemed Never Filed 182 GI Translation Added 183 Goods/Services Amended Section 57: This action indicates that the goods and/or

services were amended as a result of the decision of a Federal Court Proceeding. 184 Mark Upheld Section 57: This action indicates that the Federal Court Proceeding

decision resulted in the application/registration being upheld.



190 Registration Pending: This action indicates that the status the mark was changed to

“Registration Pending”. This status comes after the advertisement period and replaced the “Allowed” status.

191 Registration Fee Notice Sent 192 Remove Registration Pending 201 WIPO Clarification Requested

202 WIPO Clarification Received 203 IR Replacement Request Received: This action indicates that the owner requested that

their Protocol registration replace their domestic registration. 204 Correspondence Created 205 IR Replacement: This action indicates that the Protocol registration replaced the

domestic Trademark registration. The Protocol registration therefore gained the original date of protection of the goods and/or services found in the domestic application.

206 Replaced by IR Mark: This action indicates that a Protocol registration replaced this

domestic Trademark registration. The Protocol registration therefore gained the original date of protection of the goods and/or services found in the domestic application.

207 MF6 Sent: This action indicates that a “Final Disposition on Status of a Mark –

Confirmation of Total Provisional Refusal” (MF6) form was sent to the World Intellectual Property Organization upon the inactivation of a Protocol application/registration.

208 IR Correction Requested: This action indicates that the office communicated with the

World Intellectual Property Organization to request a correction. 209 MF2 Removed: This action indicates that the office communicated with the World

Intellectual Property Organization upon the removal of the advertisement of a Protocol application.

219 WIPO Clarification Request Outstanding Sent

220 Abandoned - Section 36 Sent: 221 MF6 Removed: This action indicates that the office communicated with the World

Intellectual Property Organization upon the reinstatement of a Protocol application/registration.

222 MF2 Sent: This action indicates that a “Dates on Which Opposition Period Begins and

Ends” (MF2) form was sent to the World Intellectual Property Organization upon the advertisement of a Protocol application.

223 MF3 Sent: This action indicates that a “Total Provisional Refusal of Protection” (MF3a)

form was sent to the World Intellectual Property Organization upon the owner/agent of a Protocol Application receiving an Examiner’s report with new grounds or a Statement of Opposition.

224 Invalidation (Full) Sent: This action indicates that an “Invalidation” (MF10) form was sent

to the World Intellectual Property Organization upon the registration being expunged as a result of a Section 44 or Section 45 proceeding.



225 Invalidation (Partial) Sent: This action indicates that an “Invalidation” (MF10) form was sent to the World Intellectual Property Organization upon the amendment of goods and/or services of a registration as a result of a Section 45 proceeding.

226 Created via Madrid Transformation 227 Expunged - Failure to Provide Additional Renewal Fee 228 International Registration: This action indicates that the owner filed an application for

international registration using this Trademark as a base and that the international application is now registered.

229 Partial Cancellation - Registered Owner's Request: This action indicates that the

owner of the Protocol registration requested to the World Intellectual Property Organization that their registration be cancelled.

230 Partial Withdrawal - Registered Owner's Request: This action indicates that the owner

of the Protocol application requested to the World Intellectual Property Organization that their application be withdrawn.

231 Limitation - All Goods/Services: A Madrid limitation request has affected all the

goods/services designated to Canada. 232 Limitation - Partial Goods/Services: A Madrid limitation request has affected only some

of the goods/services designated to Canada. 233 Limitation - No Effect: A Madrid limitation request did not affect the goods/services

designated to Canada. 234 Partial Ceasing of Effect Received - No Effect: A Madrid partial ceasing of effect

request did not affect the goods/services designated to Canada. 235 Partial Cancellation: A Madrid partial cancellation of the goods/services designated to

Canada. 236 Partial Withdrawal: A Madrid partial withdrawal of the goods/services designated to

Canada. 237 Remove Withdrawn: A previous withdrawal action has been removed. 238 IR Renewed: This action indicates that the International Registration of this Protocol

application/registration was renewed. This action may happen before the registration of the trademark in Canada.

239 Withdrawn - Failure to Renew: This action indicates that the International Registration of

this Protocol application was not renewed. As a result, the Canadian application process was withdrawn.

241 Remove Change of Name

242 Remove Assignment – Transfer 243 Ownership Change Merger 244 Requirement To Furnish Statement Under Subsection 44.1(1) Sent 245 Failure To Furnish Statement Under Subsection 44.1(1)



246 Expunged for Failure To Furnish Statement Under Subsection 44.1(1) 247 Acknowledgement of Letter of Protest Recorded 248 Acknowledgement of Letter of Protest Removed

249 Withdrawn: The Application has been Withdrawn. 250 Cancelled: The Application has been Cancelled. 251 MF4 Sent: This action indicates that a “Final Disposition on Status of a Mark – Statement

of Total Grant of Protection” (MF4) form was sent to the World Intellectual Property Organization upon the registration of a Protocol Application.

252 MF5 Sent: This action indicates that a “Final Disposition on Status of a Mark – Statement

of Total or Partial Grant of Protection Following a Provisional Refusal” (MF5) form was sent to the World Intellectual Property Organization upon the registration of a Protocol Application.

253 MF7 Sent: This action indicates that a “Further Decision Affecting the Protection of a

Mark” (MF7) form was sent to the World Intellectual Property Organization upon the registration of a Protocol Application.

254 Partial Cancellation Received - No Adjustment: A Madrid partial cancellation request

did not affect the goods/services designated to Canada. 255 IR Notification Filed: The Madrid notification has been recorded on the Canadian

designated file. 256 MF1 Sent : This action indicates that “Information Relating to Possible Oppositions (Rule

16 of the Common Regulations)” form was sent to the World Intellectual Property Organization.

257 Madrid Designation Notification: This is the date that the World Intellectual Property

Organization of a Madrid Designation. 258 Restriction Recorded: This action indicates that the goods/services for the international

registration have been restricted in the designated party (Canada). 259 Invalidation (IV) Removed: This action indicates that an invalidation of goods and

services for the international registration has been removed.



APPENDIX H — CIPO OPPOSITION STAGES The values of the codes are:

1 General Actions - Opposition: General actions for an opposition case. 101 Statement of Opposition: All actions pertaining to the statement of opposition prior to

the counter statement being filed. 102 Counter Statement: All actions pertaining to the counter statement prior to the

opponent's evidence being filed. 103 Evidence - Opponent: All actions pertaining to the opponent’s evidence prior to the

applicant’s evidence being filed. 104 Evidence - Applicant: All actions pertaining to the applicant’s evidence prior to the

opponent’s reply evidence being filed. 105 Reply Evidence: All actions pertaining to the opponent’s reply evidence prior to

the written arguments being requested. 106 Written Arguments: All actions pertaining to the written arguments up to, and including,

the exchange of written arguments. 107 Decision: All actions pertaining to the issuance of the final decision of the Registrar. 108 Appeal: All actions pertaining to the appeal of a final decision issued by the Registrar. 109 Amended Application: All actions pertaining to a request received to amend an

application. 110 Interlocutory Motion: All actions relating to the sufficiency of allegations contained in the

statement of opposition. 111 Oral Hearing: All actions pertaining to the scheduling and conducting of an oral hearing. 201 Amended Statement of Opposition: All actions pertaining to a request to amend a

statement of opposition. 202 Amended Counter Statement: All actions pertaining to a request for leave to amend a

counter statement. 203 Leave Evidence - Opponent: All actions pertaining to a request received from the

opponent for leave to file further evidence. 204 Leave Evidence - Applicant: All actions pertaining to a request received from

the applicant for leave to file further evidence. 205 Cross Examination by Opponent: All actions pertaining to a request received from the

opponent and the issuance of an order to cross-examine evidence filed by the applicant. 206 Cross Examination by Applicant: All actions pertaining to a request received from the

applicant and the issuance of an order to cross-examine evidence filed by the opponent.



APPENDIX I — CIPO OPPOSITION AND EXPUNGEMENT ACTIONS The values of the codes are: 5 Extension of Time Granted to Applicant: A ruling issued granting the applicant an

extension of time under subsection 47(1) of the Trade-marks Act. 6 Extension of Time Granted to Opponent: A ruling issued granting the opponent an

extension of time under subsection 47(1) of the Trade-marks Act.

7 Administrative Delay: A ruling issued setting a deadline for one or both of the parties to respond.

8 With Consent - Extension of Time Granted to Opponent: With the consent from the

applicant, a ruling issued granting the opponent an extension of time under subsection 47 (1) of the Trade-marks Act.

9 With Consent - Extension of Time Granted to Applicant: With the consent from the

opponent, a ruling issued granting the applicant an extension of time under subsection 47 (1) of the Trade-marks Act.

10 Extension of Time Granted to Opponent - Cooling-off: A ruling issued granting the

opponent an extension of time under subsection 47(1) of the Trade-marks Act amounting to a cooling-off period for the purpose of settlement negotiations.

11 Extension of Time Granted to Applicant - Cooling-off: A ruling issued granting the

applicant an extension of time under subsection 47(1) of the Trade-marks Act amounting to a cooling-off period for the purpose of settlement negotiations.

13 Correspondence Created: The Registrar has issued correspondence. 15 Extension of Time Refused to Applicant: An extension of time requested by the

applicant under subsection 47(1) of the Trade-marks Act has been refused.

16 Extension of Time Refused to Opponent: An extension of time requested by the opponent under subsection 47(1) of the Trade-marks Act has been refused.

20 Cross Examination Letter Sent to Opponent - 4 Months Only: An order issued by the

Registrar to give the opponent 4 months to conduct cross examinations of the applicant’s affidavits with no effect on any other deadlines.

21 Cross Examination Letter Sent to Opponent - 4 + 4 Months: An order issued by the

Registrar to give the opponent 4 months to conduct cross examinations of the applicant’s Rule 42 affidavits and a ruling granting the opponent an extension of time under subsection 47(1) of the Trade-marks Act for filing of its Rule 43 evidence.

22 Cross Examination Letter Sent to Applicant - 4 Months Only: An order issued by the

Registrar to give the applicant 4 months to conduct cross examinations of the opponent’s affidavits with no effect on any other deadlines.

23 Cross Examination Letter Sent to Applicant - 4 + 4 Months: An order issued by the

Registrar to give the applicant 4 months to conduct cross examinations of the opponent’s Rule 41 affidavits and a ruling granting the applicant an extension of time under subsection 47(1) of the Trade-marks Act for filing of its Rule 42 evidence.



48 Agent Changed: The Registrar has recorded a new agent on the record. 87 Rep for Service Changed: The Registrar has recorded a new representative for service. 91 Case Closed - Opponent Withdraws: The opponent has voluntarily withdrawn its

opposition to the trademark application at issue and the trademark application which was the subject of the opposition will now proceed to allowance.

92 Case Closed - Abandoned Section 38(7): The trademark application is deemed to have

been abandoned under subsection 38(7.2) of the Trade-marks Act.

94 Case Closed - Deemed Withdrawn: Opposition is deemed to be abandoned in accordance with subsection 38(7.1) of the Trade-marks Act.

101 S/O Filed: A statement of opposition has been filed with the Registrar by the opponent.

102 S/O Fee Received: The required fee of $750 for filing the opponent’s statement of

opposition has been received in full.

105 S/O Forwarded for Review: Statement of opposition has been forwarded to a member of the Board to assess if the statement of opposition raises a substantial issue for decision under subsections 38(4) and (5) of the Trade-marks Act.

106 S/O Sent to Applicant: Statement of opposition forwarded by the Trademarks Opposition

Board to the applicant.

108 Failed to File C/S: The applicant has not filed (and served) its counter statement in response to the opponent’s statement of opposition.

109 Deadline Expired – Applicant’s Evidence: The applicant’s deadline for filing evidence

under Rule 42 has expired. 110 Amended S/O Filed by Opponent: An amended statement of opposition has been filed

by the opponent. 111 Amended S/O Served on Applicant: Amended statement of opposition sent to the

applicant by the opponent. 113 Amended S/O Refused: Amended statement of opposition not accepted by the

Trademarks Opposition Board. 115 Amended S/O Accepted: Amended statement of opposition accepted by the Trademarks

Opposition Board. 120 Evidence Filed by Opponent: The Registrar has received evidence filed by the

opponent under section 41 of the Regulations. 121 Evidence Served on Applicant: Evidence served in accordance with section 37 of the

Trade-marks Regulations by the opponent on the applicant. 122 Statement Filed - No Evidence from Opponent: The Registrar has received

correspondence from the opponent confirming that he will not be filing evidence as required by s. 41 of the Regulations and subsection 38(7.1) of the Act.

123 Statement Served - No Evidence from Opponent: A statement served in accordance

with section 37 of the Trade-marks Regulations by the opponent on the applicant to advise that the opponent will not be filing evidence.



126 Statement Served - No Reply Evidence by Opponent: A statement served in accordance with section 37 of the Trade-marks Regulations by the opponent on the applicant to advise that the opponent will not be filing reply evidence. 128 Partial Evidence Filed by Opponent: The Registrar has received partial evidence filed

by the opponent under s. 41 of the Regulations. 129 Partial Evidence Served on Applicant: Partial evidence served in accordance with

section 37 of the Trade-marks Regulations by the opponent on the applicant. 130 Reply Evidence Filed by Opponent: The Opponent has filed evidence under s. 43 of the

Regulations. 131 Reply Evidence Served on Applicant: Reply evidence served in accordance with

section 37 of the Trade-marks Regulations by the opponent on the applicant. 132 Statement Filed - No Reply Evidence by Opponent: The opponent has confirmed in

writing that he/she will not be filing evidence as required by s. 41 of the Regulations and subsection 38(7.1) of the Act.

136 No Reply Evidence by Opponent: No reply evidence filed by opponent during the

opposition proceeding. 138 Partial Reply Evidence Filed by Opponent: The Registrar has received partial evidence

filed by the opponent under s. 43 of the Regulations. 139 Partial Reply Evidence Served by Opponent: Partial reply evidence served in

accordance with section 37 of the Trade-marks Regulations by the opponent on the applicant.

140 Leave Evidence Filed by Opponent: The Registrar has received evidence filed by the

opponent under s. 44 of the Regulations. 141 Leave Evidence Served on Applicant: Additional evidence, which was not available

during the opponent’s evidence stage, sent by the opponent to the applicant. 143 Leave Evidence Accepted from Opponent: Additional evidence from opponent

accepted to form part of opposition proceedings. 144 Leave Evidence Refused from Opponent: Additional evidence from opponent refused

and does not form part of opposition proceedings. 145 Cross Examination Undertakings Filed by Opponent - Rule 42: Undertakings for

cross examination of the applicant’s Rule 42 evidence filed with the Trademarks Opposition Board by the opponent.

147 Cross Examination Order on Applicant - Rule 42: An order issued by the Board to give

the opponent the right to cross examine the applicant’s affidavits filed as evidence under Rule 42 in the opposition proceeding.

148 Cross Examination Transcripts Filed by Opponent - Rule 42: Transcripts of cross

examination of the applicant’s Rule 42 evidence filed with the Trademarks Opposition Board by the opponent.



149 Cross Examination of Applicant Cancelled - Rule 42: The opponent has confirmed that he/she will not proceed with the cross examination of the applicant’s affidavits filed under s. 42 of the Regulations.

150 Written Argument Requested – Applicant: The Registrar issued the written notice

under subsection 46(1) of the Regulations, advising that the applicant may, within one month after the date of the notice, file written arguments with the Registrar.

151 Written Argument Requested – Opponent: The Registrar issued the written notice

under subsection 46(1) of the Regulations advising that the opponent may, within one month after the date of the notice, file written arguments with the Registrar.

152 Written Argument Filed by Opponent: The opponent has filed written arguments.

153 Written Argument Filed by Applicant: The applicant has filed written arguments.

154 Written Argument Exchanged: Written arguments filed by the applicant and the

opponent are sent to the other party by the Trademarks Opposition Board.

155 Oral Hearing Notice Mailed: The Registrar has issued a notice setting the date, time and location of the hearing in this case.

156 Request for Oral Hearing by Opponent: Request received from the opponent to have

an oral hearing before the Trademarks Opposition Board. 157 Request for Oral Hearing by Applicant: Request received from the applicant to have an

oral hearing before the Trademarks Opposition Board.

158 Statement - No Written Argument by Opponent: The opponent has filed correspondence confirming that he/she will not be filing a written argument.

159 Statement - No Written Argument by Applicant: The applicant has filed

correspondence confirming that he/she will not be filing a written argument. 160 Oral Hearing Scheduled: A date, time and place scheduled by the Trademarks

Opposition Board.

161 Oral Hearing Cancelled: The hearing that was scheduled in this case has been cancelled.

162 Oral Hearing Postponed: The hearing that was scheduled in this case has been

postponed to another date. 163 No Oral Hearing Requested by Opponent: The opponent has not requested to be

heard at a hearing in this case.

164 No Oral Hearing Requested by Applicant: The applicant has not requested to be heard at a hearing in this case.

166 Applicant Attending Hearing: The applicant has confirmed that he/she will be

participating at the hearing scheduled in this case. 167 Opponent Attending Hearing: The opponent has confirmed that he/she will be

participating at the hearing scheduled in this case. 168 Oral Hearing Rescheduled: The hearing that was scheduled in this case has been

rescheduled to another date.



170 Decision Transmitted to Parties: The final decision on the opposition case is forwarded

to both the applicant and the opponent. 171 Appeal Initiated: An appeal of the Registrar’s decision is filed with the Federal Court. 191 Decision - Opposition Rejected: A final decision issued by the Registrar to reject the

opponent’s opposition to the trademark application.

192 Decision - Application Refused: A final decision issued by the Registrar to refuse the applicant’s application for registration.

193 Decision - Split Decision: A final decision issued by the Registrar to refuse some goods

and/or services but to reject the opponent’s opposition for the remaining goods and/or services.

194 Goods/Services Amended - Split Decision: Goods and/or services amended as per the

Registrar’s final decision.

195 Cross Examination Undertakings Filed by Opponent - Leave Evidence: Undertakings to cross examination of the applicant’s additional evidence filed with the Trademarks Opposition Board by the opponent.

196 Cross Examination of Applicant Requested - Leave Evidence: The opponent has

requested that the Registrar issue an order for cross examination of the applicant’s affidavits filed under s. 44 of the Regulations.

197 Cross Examination Order on Applicant - Leave Evidence: An order issued by the

Board to give the opponent the right to cross examine the applicant’s affidavits filed as additional evidence in the opposition proceeding.

198 Cross Examination Transcripts Filed by Opponent - Leave Evidence: Transcripts of

cross examination of the applicant’s additional evidence filed with the Trademarks Opposition Board by the opponent.

199 Cross Examination of Applicant Cancelled - Leave Evidence: The opponent has

confirmed that he/she will not proceed with the cross examination of the applicant’s affidavits filed with leave under s. 44 of the Regulations.

201 C/S Filed by Applicant: The applicant has filed a counter statement under s. 38(6) of the

Act.

202 C/S Served on Opponent: Counter statement served in accordance with section 37 of the Trade-marks Regulations by the applicant on the opponent.

210 Amended C/S Filed by Applicant: The applicant has filed an amended counter

statement.

211 Amended C/S Served on Opponent: Amended counter statement sent to the opponent by the applicant.

213 Amended C/S Refused: Amended counter statement not accepted by the Trademarks

Opposition Board.

215 Amended C/S Accepted: Amended counter statement accepted by the Trademarks Opposition Board.



220 Evidence Filed by Applicant: The Registrar has received evidence filed by the applicant under s. 42 of the Regulations.

221 Evidence Served on Opponent: Evidence served in accordance with section 37 of the

Trade-marks Regulations by the applicant on the opponent. 222 Statement Filed - No Evidence from Applicant: The Registrar has received

correspondence from the applicant confirming that he/she will not be filing evidence.

223 Statement Served - No Evidence from Applicant: A statement served in accordance with section 37 of the Trade-marks Regulations by the applicant on the opponent to advise that the applicant will not be filing evidence.

228 Partial Evidence Filed by Applicant: The Registrar has received partial evidence filed

by the applicant under s. 42 of the Regulations.

229 Partial Evidence Served on Opponent: Partial evidence served in accordance with section 37 of the Trade-marks Regulations by the applicant on the opponent.

230 Interlocutory Motion Received: The applicant has filed a request for the Registrar to

issue a ruling striking all, or portions, of the opponent’s statement of opposition.

235 Interlocutory Ruling Issued: The Registrar has issued an interlocutory ruling concerning the sufficiency of the opponent’s statement of opposition.

240 Leave Evidence Filed by Applicant: The applicant has requested leave to file additional

evidence under s. 44 of the Regulations. 241 Leave Evidence Served on Opponent: Additional evidence, which was not available

during the applicant’s evidence stage, sent by the applicant to the opponent. 243 Leave Evidence Accepted - Applicant: Additional evidence from applicant accepted to

form part of opposition proceedings. 244 Leave Evidence Refused - Applicant: Additional evidence from applicant refused and

does not form part of opposition proceedings. 245 Cross Examination Undertakings Filed by Applicant - Rule 41: Undertakings to cross

examination of the opponent’s Rule 41 evidence filed with the Trademarks Opposition Board by the applicant.

246 Cross Examination of Opponent Requested - Rule 41: The applicant has requested

that the Registrar issue an order for cross examination of the opponent’s affidavits filed under s. 41 of the Regulations.

247 Cross Examination Order on Opponent - Rule 41: An order issued by the Board to give

the applicant the right to cross examine the opponent’s affidavits filed as Rule 41 evidence in the opposition proceeding.

248 Cross Examination Transcripts Filed by Applicant - Rule 41: Transcripts to cross


249 Cross Examination of Opponent Cancelled - Rule 41: The applicant has confirmed

that he/she will not proceed with the cross examination of the opponent’s affidavits filed under s. 41 of the Regulations.



255 Cross Examination Undertakings Filed by Applicant - Rule 43: Undertakings to cross examination of the opponent’s Rule 43 evidence filed with the Trademarks Opposition Board by the applicant.

257 Cross Examination Order on Opponent - Rule 43: An order issued by the Board to give

the applicant the right to cross examine the opponent’s affidavits filed as Rule 43 evidence in the opposition proceeding.

258 Cross Examination Transcripts Filed by Applicant - Rule 43: Transcripts to cross


259 Cross Examination of Opponent Cancelled - Rule 43: The applicant has confirmed

that he/she will not proceed with the cross examination of the opponent’s affidavits filed under s. 43 of the Regulations.

260 Cross Examination of Opponent Requested - Rule 43: The applicant has requested

that the Registrar issue an order for cross examination of the opponent’s affidavits filed under s. 43 of the Regulations.

295 Cross Examination Undertakings Filed by Applicant - Leave Evidence: Undertakings

to cross examination of the opponent’s additional evidence filed with the Trademarks Opposition Board by the applicant.

296 Cross Examination of Opponent Requested - Leave Evidence: The applicant has

requested that the Registrar issue an order for cross examination of the opponent’s affidavits filed under s. 44 of the Regulations.

297 Cross Examination Order on Opponent - Leave Evidence: An order issued by the

Board to give the applicant the right to cross examine the opponent’s affidavits filed as additional evidence in the opposition proceeding.

298 Cross Examination Transcripts Filed by Applicant - Leave Evidence: Transcripts to

cross examination of the opponent’s additional evidence filed with the Trademarks Opposition Board by the applicant.

299 Cross Examination of Opponent Cancelled - Leave Evidence: The applicant has

confirmed that he/she will not proceed with the cross examination of the opponent’s affidavits filed under s. 44 of the Regulations.

301 Deadline to File S/O: The opponent’s deadline for filing his/her statement of opposition. 304 S/O Not Filed: No statement of opposition was filed by a potential opponent.

311 Deadline to File C/S: The applicant’s deadlines for filing his/her counter statement.

321 Deadline to File Opponent’s Evidence: Deadline for opponent to file his/her evidence

under s. 41 of the Regulations.

323 Deadline - Reply Evidence: Applicant’s deadline for filing his/her evidence under s. 43 of the Regulations.

324 Deadline - Reply Evidence: Opponent’s deadline for filing his/her evidence under s. 43

of the Regulations.



326 Deadline - Cross Examination from Opponent - Rule 42: Opponent’s deadline to conduct cross examination of the applicant’s evidence filed under s. 42 of the Regulations.

327 Deadline - Reply Evidence: Opponent’s deadline for filing its evidence under s.43 of the

Regulations.

331 Deadline to File Applicant’s Evidence: Applicant’s deadline for filing its evidence under s. 42 of the Regulations.

332 Deadline to File Opponent’s Evidence: Opponent’s deadline for filing its evidence


334 Deadline - Cross Examination from Applicant - Rule 41: Applicant’s deadline to conduct cross examination of the opponent’s evidence filed under s. 41 of the Regulations.

335 Amendment to Goods/Services Received: An application to amend the goods and/or

services on a pending application in the opposition proceeding.

336 Amended Application - Accepted: The request to amend the application received from the applicant is accepted by the Trademarks Opposition Board.

337 Amended Application - Refused: The request to amend the application received from

the applicant is refused by the Trademarks Opposition Board. 338 Deadline to File Applicants Evidence: Applicant’s deadline for filing his/her evidence


341 Deadline to File Written Arguments - Applicant: The applicant’s deadline as for filing his/her written arguments.

342 Deadline to File Written Arguments - Opponent: The opponent’s deadline as for filing

his/her written arguments. 344 Deadline to Confirm Scheduled Hearing: The opponent and applicant’s deadline for

confirming their respective attendance at the scheduled hearing, including date, time, location and requests for simultaneous translation.

345 Deadline to Request Oral Hearing - Applicant: The applicant’s deadline for requesting

to be heard at an oral hearing under s. 46 of the Regulations.

346 Deadline to Request Oral Hearing - Opponent: The opponent’s deadline for requesting to be heard at an oral hearing under s. 46 of the Regulations.

347 Deadline - Cross Examination from Applicant - Rule 43: The applicant’s deadline for

conducting the cross examination of the opponent’s affidavits filed under s. 43 of the Regulations.

348 Deadline - Cross Examination from Opponent - Leave Evidence: The opponent’s

deadline for conducting the cross examination of the applicant’s affidavits filed with leave from the Registrar under s. 44 of the Regulations.

349 Deadline - Cross Examination from Applicant - Leave Evidence: The applicant’s

deadline for conducting the cross examination of the opponent’s affidavits filed with leave from the Registrar under s. 44 of the Regulations.



360 Application Amended: The applicant’s trademark application has been amended, upon request of the applicant.

505 Extension of Time Granted to Owner: The registrant has been granted an extension of

time under s. 47 of the Trade-marks Act to file his/her evidence in response to the s. 45 notice.

507 Administrative Delay: A ruling issued setting a deadline for one or both of the parties to

respond. 513 Correspondence Created: The Registrar has issued correspondence. 515 Extension of Time Refused to Owner: An extension of time requested by the owner

under s. 47 of the Trade-marks Act has been refused.

533 Request Reviewed: The Registrar has reviewed a request from a third party for the issuance of a s. 45 notice.

538 Notice Sent to Owner: Section 45 notice sent to registered owner of trademark. 539 Restricted Notice Sent to Owner: Section 45 restricted notice sent to registered owner

of trademark. 541 Statement - No Evidence Filed: The registered owner has confirmed that he/she will not

be filing evidence in response to the s. 45 notice. 542 Evidence Filed by Owner: Owner files evidence of use as requested by notice. 543 Statement - No Argument Filed: The registered owner or requesting party has

confirmed in writing that they will not be filing written arguments. 544 Arguments Requested from Requester: The Registrar invites the requester to file

written arguments.

545 Arguments Filed by Requester: The requester files written arguments.

547 Supplementary Arguments Requested from Requester: The Registrar invites the requester to file supplementary written arguments directed at the supplementary evidence filed by the registered owner.

548 Supplementary Arguments Filed by Requester: The requester files supplementary

arguments directed at the supplementary evidence filed by the registered owner.

550 Arguments Requested from Owner: This action line is used in duplicate to invite the registered owner to file supplementary written arguments if needed.

551 Arguments Filed by Owner: This action line is used in duplicate to record

supplementary written arguments filed by registered owner.

552 Evidence Received from Owner: The registered owner files supplementary evidence late in the proceeding.

553 No Written Argument/Statement Filed by Requester 554 No Written Argument/Statement Filed by Owner



555 Not Interested Letter Sent to Requester: When the requester files no written arguments, a letter is addressed to the requester asking whether the requester has lost interest in the proceedings.

558 Requester Attending Hearing: The requesting party has filed correspondence

confirming that it would like to be heard at a hearing.

559 Registrant Attending Hearing: The registered owner has filed correspondence confirming that he/she would like to be heard at a hearing.

560 Oral Hearing Requested – Requester: The requester files a request for an oral hearing.

561 Oral Hearing Requested – Owner: The registered owner files a request for an oral

hearing.

562 Oral Hearing Scheduled: The Registrar advises the parties of the date, time and place of the oral hearing.

563 Oral Hearing Cancelled: The hearing that was scheduled in this case has been cancelled.

570 Decision Transmitted to Parties: The Registrar advises the parties of the final decision.

Decision—Maintained Decision—Expunged Decision—Amend Goods/Services

573 Oral Hearing Rescheduled: The hearing that was scheduled in this case has been

rescheduled. 574 Appeal Initiated on Automatic Decision: Notice of application filed against the

Registrar’s automatic decision to expunge the registration.

575 Appeal Initiated on Written Decision: Notice of application filed against the hearing officer’s final decision.

576 Appeal Discontinued: The appeal of the Registrar’s decision under s. 56 of the

Trade-marks Act has been discontinued by the parties.

577 Decision Upheld on Appeal - Additional Evidence: Decision of the Registrar upheld by the Federal Court of Canada.

580 Decision Reversed on Appeal - Additional Evidence: Decision of the Registrar

reversed by the Federal Court of Canada.

581 Decision - Maintained: Final decision of the Registrar under s. 45 of the Trade-marks Act, maintaining the trademark on the register.

582 Decision - Expunged: Final decision of the Registrar under s. 45 of the Trade-marks Act,

expunging the trademark from the register.

583 Decision - Amend Goods/Services: Final decision of the Registrar under s. 45 of the Trade-marks Act, amending the statement of goods/services for which the trademark is registered.

585 Decision Reversed: No additional evidence

591 Case Closed - Requester Withdraws: The parties have discontinued the s. 45

proceeding on consent.



592 Case Closed - Registration Cancelled: The applicant has voluntarily cancelled the

registration under s. 41 of the Act.

601 Deadline - Evidence from Owner: The registered owner’s deadline for filing evidence in response to the s. 45 notice.

602 Deadline - Arguments from Requester: Requesting party’s deadline for the filing of

written arguments.

604 Deadline - Arguments from Owner: Registered owner’s deadline for filing its written arguments.

605 Deadline - Supplementary Arguments: The Registrar has set a deadline for the filing of

supplementary written arguments. 620 Rescindment Received: When a request is received from the requester along with the

registered owner’s consent to withdraw the section 45 proceedings.

621 Requester Withdraws: When a request is received from the requester without the registered owner’s consent to withdraw the section 45 proceedings.



APPENDIX J — CIPO EXPUNGEMENT STAGES The values of the codes are:

301 General Actions – S. 45: General actions for a section 45 case. 311 Request Received: All actions pertaining to a request received and to the issuance of a

section 45 notice. 312 Response by Owner: All actions pertaining to the filing of a response to the section 45

notice. 313 Arguments by Requester: All actions pertaining to the filing of the requester’s written

submissions. 314 Arguments by Owner: All actions pertaining to the filing of the owner’s written

submissions. 315 Oral Hearing – S. 45: All actions pertaining to the scheduling and conducting of an oral

hearing. 316 Not Interested: All actions regarding a notice sent to the requester concerning his/her

interest. 321 Decision – S. 45: All actions pertaining to the issuance of the final decision of the

Registrar 322 Appeal – S. 45: All actions pertaining to the appeal of a final decision issued by the

Registrar.



APPENDIX K — CIPO TRADEMARK STATUS


01 - Pre-formalized An application is deemed pre-formalized as soon as it is created, and before all of the components that make up a complete trademark application have been received. 02 - Formalized An application is deemed formalized when all of the components that make up a complete trademark application have been received. 03 - Abandoned Section 36 Abandoned due to failure to comply to specific requests by the Registrar to the applicant. The Registrar may, after giving notice to the applicant of the default, treat the application as abandoned, unless the default is remedied within the time specified in the notice. 04 - Abandoned Section 40(3) In case of failure to respond to requests for a declaration of use, the application will be deemed abandoned under subsection 40(3). 05 - Refused Generic refusal (see also code 31 - Refused - Subsection 38(8)) The Trademarks Office has the right to refuse an application for a trademark under various grounds. 06 - Default - Searched Applications with this status have failed to comply to a request by the trademarks examiner. 07 - Approved The application has been approved by an examiner in the Examination section for publication. 08 - Accepted for Publication When a section 9 mark/application has been reviewed for compliance to section 9 and is acceptable for publication. 09 - Advertised The application has been published in the Trademarks Journal. 10 - Opposed The application has been opposed and is being held in opposition until a decision has been rendered by the Trademarks Opposition Board. Any opposition must be filed within 2 months of the mark being advertised. 11 - Allowed After the 2-month opposition period from advertisement has passed or any opposition have been resolved in the applicants favour, the application will be allowed. In this status, the Office is awaiting the registration fee and/or a declaration of use (for proposed use). 12 - Registered Once all requirements for an acceptable application have been met, the mark will be registered. The registration will be in effect for a period of 15 years, with subsequent renewals being allowed.



13 - Expunged Expungement can occur if the registrant / current owner fails to renew the trademark or specific requests made by the Trademarks Office for proof of use have not been actioned. 14 - Cancelled The owner of a trademark can at any time request cancellation of the trademark, after which point the trademark is considered inactive. 15 - Withdrawn A section 9 mark can be withdrawn on request of the owner, after which it is deemed inactive. 17 - Inactive - Partial Transfer This status is created when a partial ownership occurs or when an application to extend the goods/services is moved to its own file. In either situation, the old file/application status is set to “transferred”. The old file/application is maintained for reference purposes. 18 - Merged This status will occur in two situations. The first is where an Application to Extend Goods/Services has been processed to registration and the extended goods/services are added to the original registration. At that time the Application to Extend Goods/Services will have its status set to Merged. The second situation is where two registrations that had originated from a Division are merged. In this case the new registrations goods/services will be combined with the older registration and the new registrations status will be set to Merged. 19 - Abandoned Generic “abandoned” status. Applications where the owners have ceased to pursue the process for registration. Applications prior to 1997 which have been abandoned are grouped into this status. In November 1996, the Trademarks Office added status 20 (abandoned voluntary) and status 22 (abandoned under Subsection 38(7)) in order to distinguish between the different forms of abandonment. 20 - Abandoned – Voluntary Withdrawn by Owner Applications where the owners have voluntarily chosen to abandon/withdraw their application. 21 - Withdrawn 22 - Abandoned - Section 38(7) Applications where the owners have chosen to abandon their right to proceed with the process to register their application for a trademark during the opposition stage. 23 - Granted PBRA, “Plant Breeders’ Rights Act” applications where the owners have been granted permission to the use of a specific plant denomination name. 24 - Surrendered PBRA, “Plant Breeders’ Rights Act” applications where the owners have surrendered their right to the use of specific plant denomination name. 25 - Default - Allowed The application has come into default for failure to respond to a request made in the allowance notice.



26 - Searched Applications with this status have had their requested trademark searched for registrability prior to being examined by a trademark examiner. 27 - Entered on the List Geographical indication that has been entered on the list of protected geographical indications. 28 - Removed Geographical indications that have been removed from the list of protected geographical indications. 29 – Cancelled

30 – Expunged Section 45(3) Expunged for failure to comply to a request by the Trademarks Office to provide an affidavit or a statutory declaration showing, with respect to each good or service specified in the registration, whether the trademark is in use in Canada. 31 - Refused - Section 38(8) Refused while in opposition (see also code 05 - Refused). 32 - Inactivated Generic “inactive” status for a trademark application. Generally this status will be used when a file is created in error. This situation could occur when a revised application was accidentally handled as a new application and put in its own file. Instead of deleting the file (this would cause a missing application number and the file may have been accessed/referenced by the public) the status is set to inactive to indicate that it is not an active/valid application. 33 - Protected Indicates that a national flag of a country of the Union is protected under paragraph 9(1)(i.2) of the Trade-marks Act. While these flags do not need to be published to obtain this protection, certain flags have been included in the database for reference. 34 - Default - Pre-formalized The application has come into default for failure to respond to a request for information to complete the initial application. 35 - Default Formalized The application has come into default for failure to respond to a request for information. 36 - Refused - Awaiting Appeal The application has been refused by the Office (either in Examination or by the Trademarks Opposition Board). However, either the 2-month appeal period has not passed or the refusal has been appealed to the Federal Court. 37 - Not Recommended Indicates that an indication has not been recommended for entry on the list of geographical indications. 38 - Refused - Appeal in Progress The application has been refused by the Office (either in Examination or by the Trademarks Opposition Board), However, the refusal has been appealed to the Federal Court. 40 – Registration Pending



41 – Default Registration Pending 42 – Inactive - Transferred 54 - Revoked When the rights granted under the Plant Breeders’ Rights Act (PBRA) are removed by the Canadian Food Inspection Agency. 55 – Deemed Never Filed When an application did not meet all the filing requirements within the response time of the Office letter, it is deemed never to have been filed.

60 - Proposed Opposition The application has been proposed for opposition, which means that an intention to oppose was raised but no statement of opposition has been received by the Office. Any proposed opposition must be filed within 2 months of the mark being advertised.



APPENDIX L — CIPO TRADEMARK CLASSIFICATION


01 - Trade-Mark 02 - Prohibited Mark; Official Mark 03 - Prohibited Mark; Arms, Crest or Flag 04 - Certification Mark 05 - Distinguishing Guise 06 - Prohibited Mark; Flag 07 - General Mark 08 - Prohibited Mark; Sign or Hallmark 09 - Prohibited Mark; Armorial Bearings 10 - Prohibited Mark; Abbreviation of the Name 11 - Prohibited Mark; Name 12 - Specific Mark 13 - Standardization Mark 14 - Union Label 15 - Denomination 16 - Geographical Indication 17 - Mark Protected by Federal Act of Incorporation 18 - Mark Protected by an Act Respecting the Royal Canadian Legion 19 - Prohibited Mark; Emblem 20 - Prohibited Mark; Arms, Crest or Emblem 21 - Prohibited Mark; Badge, Crest, Emblem or Mark



APPENDIX M — CIPO FOOTNOTES The values of the codes are:

1 Entire text 2 Assignment 3 Amalgamation 4 Name 5 Owner 6 Additional Goods 7 Additional Services 8 Additional Goods and Services 9 Missing footnote(s) prior to 1980 10 Clerical correction (Amendment to registration) 11 Transfer 12 Merger 13 Owner Address Change 14 Name and Address 15 Partial Assignment 16 Other (Title) 17 Clerical Correction 18 Seizure 19 PBRA Footnote 20 Section 41.1(a) - Owner Information 21 Section 41.1(c) - Amendment to Goods/Services 22 Section 41.1(d) - Certification Mark Text 23 Section 41.1(e) - Disclaimer 24 Other (Amendment) 25 Record License Agreement 26 Remove License Agreement 27 Amalgamation and address 28 Merger and address 29 Document Placed on File 30 Security Agreement Placed on File 31 Security Agreement Removed 33 Amended Security Agreement Placed on file 34 Record Amended License Agreement 35 Remove Change of Name 36 Remove Assignment - Transfer 37 Ownership Change Merger 51 Section 44 TMA 52 Section 45 TMA 53 Court Order 60 Change of Ownership of International Registration 70 The appointed representative for service at the time this trademark became inactive was 91 Section 42 UCA 92 Section 49 UCA 99 Nunc Pro Tunc



APPENDIX N — CIPO APPLICATION TEXT The values of the codes are:

20 Plant Variety 21 GI Territory Description 22 GI Qualification 32 Exclusion from Trademark 36 Certification Mark Text 38 Standardization Mark Text 39 Renewal Text 40 Expungement/Cancellation Text 50 Erratum Text 51 Re-Advertisement Text



APPENDIX O — GI CATEGORY TYPE FOR AGRICULTURAL PRODUCTS AND FOODS

The values of the codes for Category Type 3= Agricultural Product or Food are:

01- Fresh, frozen and processed meats: products falling under Chapter 2 or heading16.01 or 16.02

02- Dry-cured meats: dry-cured meats products falling under Chapter 2 or heading 16.01 or 16.02 03- Fresh, frozen and processed fish products: products falling under Chapter 3 or heading 16.03,

16.04 or 16.05 04- Butter: products falling under heading 04.05 05- Cheeses: products falling under heading 04.06 06- Fresh and processed vegetable products: products falling under Chapter 7 and products

containing vegetables falling under Chapter 20 07- Fresh and processed fruits and nuts: products falling under Chapter 8 and products containing

fruits or nuts falling under Chapter 20 08- Spices: products falling under Chapter 9 09- Cereals: products falling under Chapter 10 10- Products of the milling industry: products falling under Chapter 11 11- Oilseeds: products falling under Chapter 12 12- Hops: products falling under heading 12.10 13- Ginseng: ginseng products falling under heading 12.11 or 13.02 14- Beverages from plant extracts: products falling under Heading 13.02 15- Oils and animal fats: products falling under Chapter 15 16- Confectionery and baked products: products falling under heading 17.04, 18.06, 19.04 or

19.05 17- Sugars and syrups: products falling under heading 17.02 18- Pasta: products falling under heading 19.02 19- Table and processed olives: products falling under heading 20.01 or 20.05 20- Mustard paste: products falling under sub-heading 2103.30 21- Beer: products falling under heading 22.03 22- Vinegar: products falling under heading 22.09 23- Essential oils: products falling under heading 33.01 24- Natural gums and resins: chewing gum: products falling under heading 17.04



APPENDIX P – INTERESTED PARTY MAPPING The table below identifies the mapping of the Interested Parties based on their relationship type to ST.96. Relationship ST.96 Mapping InterestedPartyCategory Registrant Applicant Owner (1) Applicant Bag Owner (1) Applicant Bag/

InterestedParty Bag Registrant X

Owner (1) Applicant Bag/ InterestedParty Bag

Applicant/Registrant X X

Owner (1) Applicant Bag/ InterestedParty Bag

Applicant X

Previous Owner (2)

InterestedParty Bag Old Owner -Applicant/Registrant

X X

Previous Owner (2)

InterestedParty Bag Old Owner

Previous Owner (2)

InterestedParty Bag Old Owner - Registrant X

Previous Owner (2)

InterestedParty Bag Old Owner - Applicant X

Pending Owner (3)

N/A N/A

Trustee (4) InterestedParty Bag Trustee Opponent (5) OppositionProceeding

Bag and Plaintiff Bag

S45 Requester (6)

CancellationProceedings Bag and Plaintiff Bag

Notes: Owner (1) May appear also as Applicant in InterestedPartyBag and or as a Registrant (if

applicable) Previous Owner (2)

Appears in the InterestedPartyBag. The category will indicate they are an Old Owner and will include if they were the Applicant and/or the Registrant.

Opponent//S45 Requester (5,6)

Disseminated under the associated Opposition, the opposition case must exist for the Opponent to be disseminated.



DEFINITIONS, ACRONYMS AND ABBREVIATIONS The following table includes definitions for all the unique symbols or notations used in the document, of may cause confusion with the intended message, or may result in multiple interpretations of some key terms.

Term Definition

6ter The term 6ter refers to marks protected under section 6ter of the Paris Convention for the Protection of Industrial Property. These marks and symbols are protected by the Trade-marks Act (TMA) under section 9.1(i) and related subsections.

Abandoned An application is viewed to be abandoned when the owner or appointed agent fails to respond to an Office request within the allowed time period, or the application is voluntarily abandoned. Depending on the Office request, the owner/agent may be allowed an extension of time to respond. The abandoned applications are important for searching purposes, for they may identify areas/reasons for an objection for a similar application.

Act pertaining to Trademarks

This was the first trademark legislation in Canada. This legislation is pre-Confederation, with the original owners’ addresses mentioning Upper and Lower Canada. There are still two active trademarks filed under this legislation.

Agent A person or firm who meets the requirements of the Office as specified under Regulations, section 21. The Office will correspond with the designated agent as if the correspondence were addressed with the owner. Any notices served on the designated agent will be viewed as being served on the owner. The designated agent may amend the trademark application as required.

Application The application is the original filing for a trademark. The information on the application will be data captured along with any actions and changes which may take place during the life of the trademark application/registration. The application will normally be referred to as a “registration” when the application has been registered.

BF Date Bring Forward date.

Boy Scouts The references to Boy Scouts in this document are to the emblems, badges and decorations descriptive or designating marks and titles used by the Canadian General Council of Boy Scouts. These marks are protected under the Scouts Canada Act. New marks and symbols may still be filed under this act and have all the protection of any other trademark. A mark under this act is not registered, it is only approved.

Cancelled A trademark registration is deemed cancelled when the Office has processed a request by the owner to cancel the registration, or the Federal Court of Canada has cancelled the registration under section 55 of the Trade-marks Act. Upon cancellation, the mark will be considered inactive.



Expunged A trademark registration is deemed to be expunged for failure to respond to one of the following Office requests:

- renewal (section 46) - failure to supply requested information (section 44) - failure to provide evidence of use (section 45)

Extension of Goods/Services

This is an application to extend the goods/services that are protected by an existing trademark registration. The trade-mark registration must be active at the time the extension of goods/services is filed. When the extension of goods/services is registered, the extended goods/services will be added to the original registration.

Extension of Time The Office may at its discretion allow for an extension of time in which to comply with a notice from the Office. The extension of time is most commonly given when a declaration of use is required for proposed applications before the application may be registered.

Girl Guides The references to Girl Guides in this document are to the emblems, badges and decorations descriptive or designating marks and titles used by the Canadian General Council of Girl Guides. These marks are protected under “an Act to Incorporate the Canadian General Council of Girl Guides”. New marks and symbols may still be filed under this act and have all the protection of any other trademark. A mark under this act is not registered it is only approved by the Canadian Intellectual Property Office.

Inactive trademark A trademark which is no longer in good standing with the Office. These will include applications which have been abandoned or refused, and registrations which have been cancelled or expunged.

INTREPID II INTREPID II is a client-server architecture system that was designed to perform the administrative and data processing requirements of all the sections within the Trademarks Office, as well as controlling the workflow of a trademark application through the Office, from receipt through the opposition process, to registration of the trademark.

Newfoundland The reference to Newfoundland in this document is to the trademarks protected under the Newfoundland Trade-mark Act. This act was in effect in Newfoundland prior to Newfoundland joining Confederation. Particular rules and restrictions apply to the trademarks protected under this act.

Pending Owner This term refers to an entity (company, individual, organization) which has indicated that they are the new owners of the affected trademark(s), but due to some omission of information, the Assignment section is not able to officially record the assignment. This entity will be recorded as a pending owner until such time as the missing information has been provided. Examples of missing information would be associated marks which have not been assigned, or no supporting documentation to substantiate the assignment.

Plant Breeders’ Rights Act

This term refers to the Canadian Food Inspection Agency’s “Plant Breeders’ Rights Act”. This act protects the names of new plant breeds. No trademark may infringe on the rights given under the “Plant Breeders Rights Act”. The trademarks collection will contain information on the names protected under this act.



Refused A trademark application will be refused by the Office when the application is deemed to not satisfy the requirements of a trademark application, or the trademark application is not registrable, or the applicant is not the person entitled to the trademark registration because it is confusing with another pending trademark.

Registration When a trademark application meets the entire requirement as laid out in the Trade-marks Act and Rules the application will be registered. The application at this point will be considered a registration.

Representative for service

A person or firm to whom the Office will send all correspondence after registration, with the same effect as having sent the correspondence to the owner. An owner who has no Canadian address is required to have a rep. for service upon registration. Although not required, the rep. for service may be an agent.

Section 9 This term refers to the section of the Trade-marks Act dealing with prohibited marks. The section 9 applications recorded on the trademarks collection are those protected under paragraphs and subparagraphs 9(1)(e), 9(1)(n)(i), 9(1)(n)(ii), 9(1)(n)(iii), 9(1)(n.1), 9(1)(i), 9(1)(i.1), 9(1)(i.3). A section 9 application is not registered; only allowed.

TM Trademarks

TMA Trade-marks Act

TMOB Trademarks Opposition Board

TMR Trade-marks Regulations

Trade Mark and Design Act (TMDA)

The legislation in force during 1867 and 1932 for the protection of trademarks. This act was replaced by the Unfair Competition Act (UCA).

Trade-marks Act The current legislation for the protection of trademark registrations. This act replaced the Unfair Competition Act (UCA) in 1954.

Trademark-related information

This refers to information related to trademarks, yet not truly trademarks (not filed/registered under one of the trademark acts). Examples of trademark-related information are plant names protected under the “Plant Breeders’ Rights Act”, or marks protected under the Scouts Canada Act. This information is included in the trademarks collection for the purpose of providing a complete searching base. A trademark may not be registered if it conflicts with any of this related information.

Unfair Competition Act (UCA)

The legislation in force during 1932 and 1954 for the protection of trademarks. This act replaced the Trade Mark and Design Act (TMDA).

Documents

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