Trademarks Act

Marginal note:Date of application abroad deemed date of application in Canada

• 34 (1) When an application for the registration of a trade-mark has been made in or for any country of the Union other than Canada and an application is subsequently made in Canada for the registration for use in association with the same kind of goods or services of the same or substantially the same trade-mark by the same applicant or the applicant’s successor in title, the date of filing of the application in or for the other country is deemed to be the date of filing of the application in Canada, and the applicant is entitled to priority in Canada accordingly notwithstanding any intervening use in Canada or making known in Canada or any intervening application or registration if

  • (a) the application in Canada, including or accompanied by a declaration setting out the date on which and the country of the Union in or for which the earliest application was filed for the registration of the same or substantially the same trade-mark for use in association with the same kind of goods or services, is filed within a period of six months after that date, which period shall not be extended;

  • (b) the applicant or, if the applicant is a transferee, the applicant’s predecessor in title by whom any earlier application was filed in or for any country of the Union was at the date of the application a citizen or national of or domiciled in that country or had therein a real and effective industrial or commercial establishment; and

  • (c) the applicant furnishes, in accordance with any request under subsections (2) and (3), evidence necessary to establish fully the applicant’s right to priority.

• Marginal note:Evidence requests

  (2) The Registrar may request the evidence before the day on which the application is allowed pursuant to section 39.

• Marginal note:How and when evidence must be furnished

  (3) The Registrar may specify in the request the manner in which the evidence must be furnished and the period within which it must be furnished.