The Canadian Intellectual Property Office (CIPO) today announced the approval of over 500 new or changed wares (goods) and services descriptions in its online Wares and Services Manual. This is the Manual that the CIPO Examiners refer to when reviewing applications for registration of trade-marks under the Trade-marks Act (the Act). Under Section 30(a) of the Act, an applicant is required to describe its claimed wares and services in ordinary commercial terms.
While certainly not exhaustive of all of the descriptions that an Examiner will consider to be acceptable, if an applicant’s wares and services can fit within the approved descriptions in the Manual, the processing of the application is likely to be much smoother.
The complete list of descriptions that were approved as of today can be accessed by typing the query “2011-09-07” as a search term in the online Wares and Services Manual. These changes relate almost entirely to descriptions of wares, with only a few new service descriptions. Notable changes to the services descriptions include “online social networking services”, “real estate development” and “resort services”. This is somewhat disappointing in that rapid ongoing changes in online service delivery (e.g. social media, cloud computing, outsourcing and the like) and technology continue to far outpace changes to the Wares and Services Manual and challenges often arise in attempting to obtain approval for descriptions of new wares and services.
Practitioners continue to eagerly await the implementation of many new wares and services descriptions called for in the Trilateral Agreement – see our earlier post on this topic.