NEW CANADIAN EXAMINATION PRACTICE: FIRST TO FILE
In the past, the Registrar of Trademarks has objected to or refused the registration of an application during the examination process if a subsequently filed application claimed an earlier date of first use. On May 10, 2005, the Federal Court of Appeal decided on the question. The Court concluded that the claimed date of first use should not be considered at examination and that only the filing date or priority date should be determinative of the issue of entitlement at examination.

type Trademark Bulletin - July 2005