Trade-marks Office now accepts applications for sounds as trade-marks

A CIPO (Canadian Intellectual Property Office) practice notice issued yesterday says in part:

Trade-mark consisting of a sound

Publication Date: 2012-03-28

In view of a recent Federal Court Order, effective immediately, the Office will accept applications for sound marks.

The application for the registration of a trade-mark consisting of a sound should:

  1. state that the application is for the registration of a sound mark;
  2. contain a drawing that graphically represents the sound;
  3. contain a description of the sound; and
  4. contain an electronic recording of the sound.

Where it is not clear whether an application is intended to cover a sound mark, the Office will ask the applicant for written clarification.

Where a sound mark is considered to be functional and/or clearly descriptive or deceptively misdescriptive, an objection will be raised pursuant to the provisions of paragraph 12(1)(b) of the Trade-marks Act. In such cases, the mark may be registered pursuant to the provisions of subsection 12(2) or section 14 of the Act.

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