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What is a Filing Basis?

When filing a trademark application in Canada, a “Filing Basis” must be selected. You can select from three possible options:

1. “Use in Commerce” basis

If you are currently using your trademark in Canada, we can file your application on a “Use in Commerce” basis.

In this case, you will need to provide the date of first use in commerce in Canada for each of the products and/or services included in the application. The date of first use must be before the filing date.

2. “Proposed Use” basis

If you are not using your trademark in Canada, we can still file your application on a “Proposed Use” basis. In this case, your application will be processed normally, but once it is accepted for registration (approximately 12 months after the filing date), you must provide the date of first use in commerce in Canada for each of the products and/or services included in the application, when paying the registration fees (Step 3 – Trademark Registration Certificate).

The trademark certificate will be issued only for the products and/or services for which a Declaration of Use is filed.

Note: If you are not using your trademark before the Step 3 deadline (within three years from the date of filing or six months from the date of the notice of allowance) or if you have not started to use the trademark in relation to all the products and/or services included in the application, you can request an extension of time by paying an additional fee. You may also choose not to apply for an extension of time and have the trademark certificate issued only for the products and/or services that are already used in commerce in Canada and later file an application for amendment to extend the list of products and/or services.

3. “Foreign Registration” basis

If your trademark has been filed or registered in your country of origin, we can file your application in Canada on the basis of the “Foreign Registration” if the following conditions apply: your trademark is not similar and cannot be confused with another trademark already registered in Canada, it is not a prohibited trademark or contrary to morality or public order and it is not without distinctive character having regard to the circumstances including its use in any country. Additional fees have to be paid for the filing of foreign certificates.

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