CPATA TM Knowledge Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Section 12(1)(b)

Bars registration of trademarks that are clearly descriptive of the character or quality of the wares or services, assessed from the perspective of the average purchaser.

Section 6(5) factors

The surrounding circumstances for confusion: inherent and acquired distinctiveness, length of use, character of wares/services, nature of trade, and degree of resemblance.

Section 9 prohibited marks

Absolute bars including official signs, flags, armorial bearings, Red Cross emblems, and protected public authority names; registration requires consent or a court order.

Nice Classification

A 45-class system for grouping wares and services, adopted by Canada in 2019; fees are charged per class and the applicant must use specific commercial terms.

Certification mark

A mark used to certify that wares or services meet a defined standard; the owner cannot license it and must permit others meeting the standard to use it.

Acquired distinctiveness

A mark that is not inherently distinctive may be registered if evidence shows it has become distinctive in Canada before the filing date, under section 12(2).

Deceptively misdescriptive

A mark barred under section 12(1)(c) where it misleads about the character, quality, or place of origin of the wares or services.

Section 14 exception

Allows registration of a mark not distinctive in Canada if it is distinctive in the applicant's Paris Convention or WTO home country and not confusing in Canada.

Entitlement date

The date used to assess prior use and confusion: the filing date or the date of first use, whichever is earlier.

Section 12(1)(e)

Bars registration of marks that are the English or French equivalent of a name in another language for the wares or services.

Filing date

Obtained when the Registrar receives Form 1, the representation, the wares/services by class, and the fee; it fixes the priority date for entitlement.

Examiner's report

An office action setting out objections under sections 9, 12, or 16; the applicant has six months to respond, extendable on request.

Trademarks Journal

The CIPO publication where approved applications are advertised; opposition may be filed within two months of advertisement.

Section 56 appeal

An appeal from a Registrar's decision to the Federal Court, filed within two months; the court may receive additional evidence.

Statement of use

A declaration required for proposed-use marks under section 40 before registration, confirming the mark is in use in Canada.

Statement of opposition

The pleading filed within two months of advertisement setting out the grounds and statutory basis for opposing registration.

Counterstatement

The applicant's reply to the statement of opposition, filed within two months, addressing each ground raised.

Section 45 expungement

A proceeding where any person may request expungement for non-use; the owner must show use during the preceding three years.

Cross-examination

The right to question a deponent on an affidavit filed in opposition; the opposing party may cross-examine within the Registrar's time limits.

Costs in opposition

Awarded by the Registrar under section 66 at their discretion, usually to the successful party, and may be taxed.

Renewal term

Registration lasts 10 years; renewal may be requested six months before expiry, with a six-month grace period and surcharge after expiry.

Recordal of assignment

The written, signed assignment is recorded on request with a fee; recordal affects priority against subsequent purchasers but is not mandatory.

Section 48 amendment

Allows correction of errors or changes to the owner's name or address; amendments affecting the scope of the registration are not permitted.

Section 57 expungement

The Federal Court may expunge a registration if the mark was not registrable at the filing date or has become generic.

Licence recordal

A licence must be recorded to be effective against third parties; the registered owner remains liable for the quality of the wares or services.

CPATA licence

A trademark agent must be licensed by the College of Patent Agents and Trademark Agents; practising without a licence is an offence.

Conflict of interest

Arises where the agent's interest or another client's interest may affect the representation; it must be disclosed and informed consent obtained.

Trust account

Client funds must be held separately from the agent's own funds; commingling is prohibited and records must be maintained.

Paris Convention priority

An applicant may file in another member country within six months of the first filing and obtain the original filing date.

Madrid Protocol

Allows a single international application based on a home application or registration to designate multiple member countries, each examining under its own law.

TRIPS minimum term

The TRIPS Agreement requires a minimum trademark term of seven years and protection for well-known marks among WTO members.

Passing off

A common law tort requiring goodwill, misrepresentation, and damage; section 7 of the Trademarks Act codifies it and bars misleading statements.