Canadian Representative For Service

Canadian Representative For Service

If the applicant has no office or place of business in Canada, the applicant must provide the name and address in Canada of a person or firm to whom any notice or proceedings in respect of the application or registration may be sent. This person or firm is known as a representative for service.

A representative for service cannot act on behalf of the applicant. Only a trademark agent can act on behalf of the applicant. Therefore, where a trademark agent has not been appointed, correspondence concerning the prosecution of the application will be with the applicant, in care of the address of the representative for service.

TRADEMARK AGENTS

Only a registered trademark agent can act on behalf of an applicant. In Canada, a trademark agent does not necessarily need to be an attorney, although many, if not most, are. Anyone with a certain number of years of experience in the field of trademark law and practice can apply to take the qualifying examinations. Those who pass these exams must obtain registration from the government in order to practise, and must renew their registration annually. (At CanMark, we have one attorney and one non-attorney agent.)
Correspondence concerning the prosecution of the application will be with a registered trademark agent or an associate agent where properly appointed. Otherwise, the Trademarks Office will correspond with the applicant.