Canadian Trademarks Office (TMO) – Update on Exclusionary Language Used in Office Actions

Canadian Trademarks Office – Update on Exclusionary Language Used in wording of Goods/Services in response to Office Actions

In a Practice Notice dated July 19, 2021, The Canadian Trademarks Office (TMO) updated its guidance on the use of exclusionary language in goods and services in response to office actions (generally used to overcome confusion objections).

The TMO notes that the exclusionary language will be permitted so long as:

1. The statements are not contrary to the TMA or TM Regulations
2. The exclusion (generally) should be broader than the goods or services covered in the cited trademark.
3. Should only be considered when specifying all the goods and services would be onerous

For more information on the Practice Notice and specific examples, please see the link noted below:

http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04961.html