Have you applied for registration of a trademark or are you the owner of a registered trademark? If so, the new Trademarks Act allows applicants and owners to notify the Registrar of their prior rights in the event of any of the following:
- A new trademark application is confusing with your existing registration; or
- Your registered trademark is being used to describe goods and/or services in a new application
Using the notification procedure, you can bring this information to the attention of the Registrar as soon as the new application is filed – there is no further need to wait for the application to publish and file an opposition. This option is both quicker and can be less expensive than filing an opposition.
If you think there may be an application that can be confusing with your trademark, let us know as we now have new tools to help. Also, ask us about subscribing to a trademark watch service on your behalf that will allow us to notify you of any confusingly similar application when filed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.