New Wares and Services Manual issued

On October 6 2009 the Canadian Intellectual Property Office released a new edition of the Wares and Services Manual.

In announcing the revisions to the manual, the office stated that it will offer a two-fold benefit, in that it "will allow clients to select more specific terms relating to the goods and services for their requested trademarks" and "will in turn also contribute to quicker turnaround times in the examination phase of these requests".

To permit further updates to be readily made, the revised manual is available in electronic format only.

Throughout the manual, revisions have been made to the acceptable descriptions for particular goods and services. In addition, the User Guide portion has been modified. Of particular note is the section on common usage of goods at Section 2(6), which states that "[w]here an entry is not further specified, it is considered to indicate the common meaning of the ware as it would be understood by the average person". For example, the entry 'pillows' will be considered to mean pillows for beds or furniture, and the applicant's protection will be limited to those types of pillow unless further specification is provided (eg, 'eye pillows' or 'cervical pillows').

The revised manual generally appears to provide a less rigid, more commonsense approach to acceptable descriptions of goods and services.
Margaret Hing, Smart & Biggar/Fetherstonhaugh, Toronto

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