A Letter of Consent Application is commonly used in Canadian trademark practice when an applicant faces objections from CIPO due to the existence of a similar trademark on the register. This document represents a formal agreement between the owner of an existing trademark and an applicant seeking to register a similar mark. The letter must comply with Canadian trademark laws and CIPO requirements, containing specific details about both marks, clear consent language, and proper authorization from the consenting party. It's particularly useful in situations where both parties believe their marks can coexist in the marketplace without causing confusion. The document typically includes details about both trademarks, the scope of consent, any conditions or limitations, and proper execution by authorized representatives. When accepted by CIPO, it can help overcome citation objections and facilitate trademark registration.
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1. Letter Date and Address Block: Current date and full contact details of both the consenting party and the applicant
2. Subject Line: Clear reference to 'Letter of Consent for Trademark Use and Registration'
3. Consenting Party Information: Full legal name and details of the party giving consent, including their trademark registration details
4. Applicant Information: Full legal name and details of the party seeking consent
5. Trademark Details: Specific details of both trademarks including registration/application numbers, goods/services, and visual representations
6. Consent Statement: Clear and unambiguous statement of consent for use and registration of the trademark
7. Execution Block: Signature lines, names, and titles of authorized signatories
1. Geographic Limitations: Include when consent is limited to specific regions or territories
2. Usage Restrictions: Include when there are specific limitations on how the trademark may be used
3. Duration of Consent: Include when the consent is time-limited rather than perpetual
4. Consideration Statement: Include when there is payment or other consideration for the consent
5. Non-Opposition Clause: Include when parties want to explicitly state non-opposition to future trademark activities
6. Confidentiality Provisions: Include when parties wish to keep certain terms of the consent confidential
1. Schedule A - Trademark Representations: Visual representations of both trademarks involved
2. Schedule B - Trademark Registrations/Applications: Copies of relevant trademark registration or application certificates
3. Schedule C - Corporate Authorization: Documentation proving signing authority (if required)
4. Schedule D - Goods and Services Listing: Detailed list of goods and services covered by the consent if extensive
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