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Dominic Alfred

IP and Technology Lawyer, Alfred Law

When the application is received, an examiner will conduct a search to make sure that your proposed trademark will not be confused with anyone else’s trademark and that your mark can be registered according to the Trademarks Act and Trademarks Regulations.

If the examiner finds a problem with an application, the Registrar of Trademarks will contact your trademark agent and he or she will have a chance to respond to the problems. The examiner may request a disclaimer at this point. A disclaimer is a statement that a certain part of your trademark is not exclusively yours. It is still possible to use the disclaimed part of your mark, but you will have no rights to it.

If there is a problem with your trademark application and if your response to the problem does not satisfy the examiner, the application will be refused. Your lawyer can appeal this decision to the Federal Court of Canada. If you fail to respond to the Registrar of Trademarks by the required date, it will become abandoned.

Answered: 7 months ago