Avis frauduleux liés à la propriété intellectuelle – Le CABAMC recommande au public de faire preuve de prudence

Hello, 

Our records indicate that your business name, ______________________, is currently unregistered at the federal level with the Canadian Intellectual Property Office (CIPO). We have identified that a third party is attempting to register a name identical to or similar to yours, which could impact your common law trademark rights in Canada. 

To protect your brand and initiate the federal registration process, your file requires verification. 

To complete this process, please ensure you have the following information ready: your full name and address, a description of your business goods/services, how long you have been using the name in Canada (if applicable), your position in the company, and your CRA Business Number (if applicable). 

* Application Details (If Applicable) 

Legal Entity Type: 

Owner Name: 

Address: 

Wordmark/Business Name: 

Application/File Number: (Note: If you do not have a serial number, one will be assigned after the verification call.) 

Your file has been scheduled for verification with an examining officer at CIPO. 

Please note that this verification step is necessary to progress your application. Your cooperation is necessary to document your intent to claim rights to this mark. 

You are required to contact the examining officer at the designated time. Failure to do so may result in your file being closed. If verification is not completed, the conflicting party may gain priority. 

The call is scheduled for ____________________. Your appointment number is ______. 

The details are as follows: 

Examining Attorney:  

Phone:  

Appointment Time:  

Appointment Number:  

Date:  

The Verification Process includes confirming your identity, verifying the nature of your business, and discussing the relevant Nice classifications for your goods or services. 

Should a conflict or infringement dispute arise (such as the one identified with the party in North Carolina), you will be notified, and we can discuss options to oppose their application. 

NOTE: This verification is monitored by CIPO. If we fail to respond, the conflicting application may proceed without opposition, potentially blocking your ability to register in the future. 

Additional Reminder: This verification call is a scheduled appointment to discuss your specific case and the conflict identified. All official outcomes will also be documented via email or mail. 

Disclaimer: This communication has been automatically generated by CIPO’s system and is intended for informational purposes only regarding the potential conflict identified for mark ____________________. 

Regards, 

Canadian Intellectual Property Office 

Subject: Canada Business Registration Review Matter 

Dear _____________________, 

I am writing to formally notify you of a priority conflict regarding the trademark: “______________.” Our office has been approached by a third party with instructions to file an application for this mark with the Canadian Intellectual Property Office (CIPO).  

During our standard due diligence, we identified your business as an established user of this name. While you may have « common law » rights through prior use, Canada’s trademark system underwent significant legislative changes in 2019, moving the country toward a « first-to-file » priority system. If the third party completes this registration, they will secure the exclusive national right to the name. This creates a severe commercial threat to your business, including: 

• Infringement Claims: Legal authority for the third party to demand you cease using your own business name. 

• National Injunctions: The potential for a court-ordered rebranding that would erase your existing brand equity across Canada. 

• Costly Litigation: Contesting a registered mark via opposition proceedings is significantly more expensive and complex than securing your own filing now. 

Resolution of Conflict As a matter of professional protocol, I have placed the third party’s application on a temporary hold to allow you the opportunity to assert your priority. Please be advised that because I am currently managing the file for this specific mark, your protective filing must be processed through our office. This is the only legal mechanism by which we can justify the suppression of the third party’s intent and transition priority to you.  

Action Required If you wish to protect your business and stop the third party from proceeding, please respond at your earliest convenience or as soon as possible. Once you confirm your intent, we will halt the competing application and initiate your filing.  

Best regards, 

Dear _________, 

I hope you’re doing well. We are reaching out regarding an important matter concerning the trademark for « _______________. » Another party has recently approached us with a request to file a trademark application for this name. However, our research indicates that they are a new startup with only a short history of using the name, whereas your business has an established track record of its use. 

As part of our commitment to fairness, we are prioritizing your right to secure the trademark before proceeding with their request. 

Key Points to Consider: 

If you choose to proceed: We will immediately file your trademark application with CIPO (Canadian Intellectual Property Office), ensuring you secure full ownership and legal protection of the name. 

If you decide not to proceed: We will move forward with the other party’s request, as CIPO follows a first-come, first-served policy. However, this could have serious legal consequences for your business. 

If the other party secures the trademark, they will gain exclusive rights to the name, restricting your ability to use it freely. Under Canada’s Trade-marks Act, this could lead to trademark infringement claims, financial damages, legal penalties, and even a potential lawsuit. They could also demand you cease all use of the name, causing significant disruptions to your business. 

We highly recommend acting quickly to protect your rights. If you would like to proceed, please reply to this email or call me at ____________. Kindly provide your full name and business name so we can assist you immediately. 

Thank you for your prompt attention. We look forward to your response. 

Best regards, 

Dear _________, 
This message serves as a formal and final notice regarding the trademark rights associated with the name « ________ » in Canada. 

Despite multiple attempts to contact you and sufficient opportunity provided to secure your position, we have not received the completed application form or confirmation to proceed on your behalf. As a result, effective today, we are proceeding with the other applicant’s trademark filing for the same name before the Canadian Intellectual Property Office (CIPO). 

Please understand the significance of this development. 

Once the competing application is filed and accepted by CIPO, our firm will be acting on behalf of the filing party in relation to the protection and enforcement of their trademark rights. This may include the issuance of a formal cease-and-desist notice requesting that you discontinue use of the same or substantially similar branding in connection with your business activities. 

If this occurs, potential consequences may include: 

* Restriction from operating under the same business name within Canada 

* Requirement to rebrand your business identity 

* Significant replacement costs relating to websites, domains, signage, packaging, advertising materials, and customer communications 

* Exposure to trademark opposition proceedings, infringement claims, damages, and additional legal action under Canadian trademark law 

Please note that trademark rights in Canada are processed through CIPO, and once the competing application is officially submitted, priority may significantly shift in favour of the filing party. 

This email represents your final opportunity to address the matter before the competing filing proceeds further. 

If you wish to secure the trademark and protect your position, you must respond immediately so we may halt the competing filing and proceed on your behalf before today’s filing window closes. 
 

If you require immediate assistance or wish to discuss this matter before today’s filing window closes, please contact us directly at _____________. 

Failure to respond will be treated as confirmation that you do not wish to proceed, and the competing application will move forward accordingly without further notice. 

Please advise how you wish to proceed. 

Best Regards, 

Subject: Canada Business Registration Review 

Dear __________________, 
I trust this email finds you well. 
This is your final notice regarding the trademark application for « ___________. » As previously communicated, another party has moved forward with filing for this trademark. However, after conducting a comprehensive legal review, we confirmed that they are a new startup with only a few months of use, while your business has an established and proven history of operating under this name. 
Critical Next Steps: 
If you proceed immediately: We will file your trademark application with CIPO (Canadian Intellectual Property Office) to ensure full legal ownership and protection of your brand name. 
If we do not receive your response within 24 hours: We will have no choice but to proceed with the other party’s filing, as CIPO operates on a first-come, first-served basis. 
Legal Risks of Inaction: 
If the other party successfully registers the trademark, they will have exclusive rights to the name, and you may be legally barred from using it. Under Canada’s Trade-marks Act, this could result in: 
• Trademark infringement claims 
• Cease-and-desist orders, forcing you to rebrand 
• Financial damages, penalties, and potential lawsuits 
Once the trademark is secured by the other party, you may be legally required to remove the name from all branding, websites, marketing materials, and products, which could severely impact your business. 
This is an urgent matter. If we do not receive your confirmation within 24 hours, we will proceed with the other party’s filing. 
To proceed, reply to this email or contact me directly at our front desk at ______________. 
We look forward to your immediate response. 
Best regards, 

Dear _______, 

Congratulations, your TM application for __________, application number __________ has been successfully assigned to CIPO Examining Officer ____________. 

As part of verification, please contact your Examining Officer directly at __________ to proceed with the approval of your applicaiton. A reference e-mail has also been sent to you. Please check other folders if not received.  

Regards, 

Examination Department 

Canadian Intellectual Property office (CIPO)