Trademarks Act (R.S.C., 1985, c. T-13)

Marginal note:Requirements for application

• 30 (1) A person may file with the Registrar an application for the registration of a trademark in respect of goods or services if they are using or propose to use, and are entitled to use, the trademark in Canada in association with those goods or services.

• Marginal note:Contents of application

  (2) The application shall contain

  • (a) a statement in ordinary commercial terms of the goods or services in association with which the trademark is used or proposed to be used;

  • (b) in the case of a certification mark, particulars of the defined standard that the use of the certification mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used or proposed to be used;

  • (c) a representation or description, or both, that permits the trademark to be clearly defined and that complies with any prescribed requirements; and

  • (d) any prescribed information or statement.

• Marginal note:Nice Classification

  (3) The goods or services referred to in paragraph (2)(a) are to be grouped according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification.

• Marginal note:Disagreement

  (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.