Practice Alert – Canada – Trademark Requirement Removed13/09/2007
In a surprising turn of events, the Canadian Trademarks Office has reversed its practice with respect to disclaimers.
As of August 15, 2007, the Trademarks Office no longer requires disclaimers in trademark applications, although Applicants may continue to include disclaimers in their applications if they so choose. Ridout & Maybee LLP will henceforth review new applications on a case by case basis in conjunction with its clients to determine if disclaimers should be included.
Importantly, the Trademarks Office will accept retroactive withdrawal of disclaimers made in any pending application prior to advertisement. The only situation in which the office will still definitely request disclaimers is where an eleven pointed Maple Leaf is part of a trademark.
If you have any questions on this new practice or Canadian IP, please contact one of our professionals.