Trademarks Journal

The Trademarks Journal (also known as the Trade-marks Journal or simply the TM Journal[4] and in French: Journal des marques de commerce) is a weekly bilingual (English and French) publication of the Canadian Intellectual Property Office (CIPO), issued every Wednesday.[1][3][5] The Journal advertises trademark applications that have been approved by CIPO in addition to public notices of prohibited marks, proposals to protect geographical indications, and erratums for prior weeks.[1][2]

Trademarks Journal
Journal des marques de commerce
Cover of the Trademarks Journal in 2020
SubjectIntellectual property law, Trademark law
LanguageEnglish, French[1][2]
Publication details
History1954—present
Publisher
FrequencyWeekly[3]
Indexing
ISSN0041-0438 (print)
1701-4751 (web)
Links

Electronic copies of the Journal are available for free and constitute the official version of the publication.[1][2]

Trademark applications

The primary purpose of the Trademarks Journal is to provide an opportunity for the public to review applications and challenge them, if necessary.[5][6] The Journal provides all of the information that was filed with the application, including details about the applicant (e.g., name and address) and the trademark (e.g., words/designs, goods/services).[5]

When a trademark application is filed, CIPO conducts an examination to verify that it is eligible to be registered under the Trademarks Act and Trademarks Regulations.[6][7] Applications are usually advertised in the Trademarks Journal about two weeks after being approved by CIPO.[3] Thereafter, advertisements for the application appear in the Journal for a period of two months.[6] During that time, any third party can file an opposition to stop the trademark from being registered.[1][2][3][5][6] If an opposition is filed, the matter is referred to the Trademarks Opposition Board.[3][6]

Erratums

Applications that are advertised in the Trademarks Journal may sometimes be published in error or contain incorrect information.[7] In these cases, CIPO may either withdraw the advertisement or issue an erratum in the Trademarks Journal with the correct information.[7]

Public notices

The Trademarks Journal is also used by CIPO to post public notices regarding prohibited marks and proposals to protect geographical indications.[1][2] In addition, prior to May 20, 2009, CIPO published its practice notices in the Journal, which provided information on how the Office would handle certain matters during different stages of the trademark application process.[8] Since then, practice notices have been posted online directly on CIPO's website.[8]

Prohibited marks

When new marks are used by government institutions, a public notice is published in the Trademarks Journal.[7] While these types of public notices are regular features in the Journal, some key examples include the Coat of Arms of Canada and the Canadian Red Ensign which both appeared in the April 13, 1955 issue as well as the Canadian Flag which appeared in the April 14, 1965 issue.[7] The purpose of posting these public notices in the Journal is to notify potential applicants that these kinds of marks cannot be registered.[7]

Geographical indications

If CIPO recommends that protection should be given to a geographical indication, a statement is issued in the Trademarks Journal about the proposal.[1][2][9] Similar to trademark applications and oppositions, any interested party can file an objection to prevent a geographical indication from receiving protection as long as it is made during the two-month period after the proposal was first published in the Journal.[9] The reason for the publication of these proposals in the Trademarks Journal is to provide an opportunity for the public to review and challenge them, if necessary.[9]

See also

References
  1. "Trade-marks Journal". Government of Canada. 2016-09-01.
  2. "2020 Trademarks Journal—2020-08-05—Vol. 67 No. 3432" (PDF). Government of Canada. 2020-08-05.
  3. "How your trademark application is processed—Canadian Intellectual Property Office". Government of Canada. 2019-06-14.
  4. "Trademarks—Canadian Intellectual Property Office". Government of Canada. 2020-08-05.
  5. "Trademarks guide—Canadian Intellectual Property Office". Government of Canada. 2019-06-14.
  6. "IP roadmap—Your path to trademark registration—Canadian Intellectual Property Office". Government of Canada. 2020-07-10.
  7. "Trademarks Examination Manual". Government of Canada. 2019-01-02.
  8. "Publishing of Practice Notices". Government of Canada. 2015-06-01.
  9. "Process to Request that a Geographical Indication be Entered on Canada's List of Geographical Indications". Government of Canada. 2020-06-30.
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