Petition

[r.(shaolin)]

Recently a Canadian

[dezhen2001]

sorry, im not from canada or the usa, just wanted to say good luck with it :)

dawood

[infinet]

What corporation is claiming this?

- infinet

[r.(shaolin)]

What corporation is claiming this?

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[url]http://sh

[Dave Fulton]

You need to take a step back and re-evaluate things a bit. First, any communication with the Canadian Intellectual Property Office (CIPO) must reference the application/serial number of the Mark in question. Second, this trademark application was just filed on 4-December-2002, so it is not open to opposition yet.

Here is a link to the Mark in question on the Canadian Intellectual Property Office (CIPO) web site database:

http://strategis.ic.gc.ca/SSG/1160/trdp116069100e.html

Here is a link to the CIPO's general Trademark page. It will provide some insights on how you should proceed. There is even a list of registered trademark attorneys and if you are serious about opposing this Mark, then you should retain a Canadian trademark attorney.

http://strategis.gc.ca/sc_mrksv/cipo/tm/tm_main-e.html

The basics of the process are that a request for a trademark registration is filed. That application is then examined by the CIPO to determine IF the mark is registerable. IF they determine that the Mark can be registered, then the Mark is advertised in the Trade-marks Journal and any concerned parties are allowed 2 months to oppose the mark before it proceeds to registration. This opposition typically comes from other parties who have a trademark or trademark application that was filed prior to the trademark application in question and feel that the Mark in question would infringe upon their own Mark ... especially if the goods/wares and services are in the same classes. The fact that "wushu" has a common meaning in the Chinese language, as does "shaolin" could be potential grounds for the Mark to be denied registration by the CIPO.

Now for my disclaimer: I am not licensed to practice law anywhere in the world. I do work with intellectual property (patents and trademarks), that requires that I have a basic understanding of the processes involved. You should seek legal council in this matter (refer to the list of attorneys on the above-referenced link).

I hope this helps.

Respectfully,

Dave Fulton