61.4. Information that the Registrar of Trade Marks will Not Accept in Confidence

Date Published

4.1 Information that is not confidential includes information that is clearly in the public domain.  This may include:

  • web pages
  • years in which sales took place
  • years in which marketing or advertising activities took place
  • advertisements, such as in magazines, newspapers, television or radio
  • company promotional material

4.2 The Registrar will not accept that the following information is confidential:

  • the name of trade mark applicants;
  • the name of declarants;
  • declarant's business address;
  • declarant's office(s) within a corporation, or position(s) within a firm;
  • the length of the declarant's tenure in an office(s) or position(s);
  • a declarant's signature;
  • details of a witness(es) to a declaration;
  • examples of past marketing activities that have been made publicly known, for example, in newspaper or Internet advertisements;
  • the year or years in which goods or services were sold or advertised under the trade mark.

4.3 The Registrar will not accept in-confidence information included in any document, other than the documents identified in Part 3.  For example, the Registrar will not accept in confidence information in the following documents:

  • applications for registration of trade marks
  • responses to examination reports
  • assignment documents
  • notices of opposition
  • applications for expedited examination
  • applications for extensions of time

4.4 A claim from the applicant that the information in these documents is confidential will not be accepted or acknowledged by the Registrar.

Amended Reasons

Amended Reason Date Amended

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