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What are the phases of application after a trademark has been filed in Canada?

The application will undergo several phases namely Publication, Examination, Prosecution, Opposition and Proof of Use. 

  • Publication – The particulars of the application are made accessible to the public and online. Particulars include name and address of applicant, the actual mark, application date and number, priority claim, goods/services, date of first use and trademark representation.
  • Examination – Authorities will examine the applicant’s compliance to requirements. The mark will also be inspected based on its clarity, descriptiveness, distinctiveness, deceptiveness, conflict with earlier application, and other criteria that may apply.
  • Prosecution –While the application is pending, the applicant obtains the right to use the home filing date for priority purposes.
  • Opposition – Third-parties may oppose the application based on breach of copy, propriety rights, descriptive mark, bad faith, etc.
  • Proof of use – It is not required in Australia to provide proof of use; however, if the application is Proposed Use, you have to file for a declaration of use.

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