New Practice Notice Regarding Form Of Evidence In Examination

A trademark application in Canada may be objected to by a trademark examiner on a number of grounds, including if the trademark consists of a term that is considered to be primarily a name or surname, if the trademark is considered to be clearly descriptive or deceptively misdescriptive, or if the trademark is otherwise considered not inherently distinctive. In such circumstances, trademark applicants are afforded the opportunity to file evidence demonstrating that the trademark was distinctive as of the filing date of the application.

On January 27, 2026, the Canadian Intellectual Property Office published a new Practice Notice providing clarification regarding the form of evidence of distinctiveness to be filed during examination of trademarks. When the Registrar of Trademarks requests such evidence under subsection 32(1) of the Trademarks Act, applicants should be mindful of both the substance and the form of the materials submitted. Ideally, the