Registration Deadline: January 8, 2025
The IPIC Trademark Agent Exam Prep Course is an in-depth 10-week online program intended to prepare candidates for CPATA’s Qualifying Examinations: the Trademark Knowledge Exam and the Trademark Agent Skills Exam.
Test Your Knowledge for CPATA's Trademark Knowledge Exam
This feature provides students with the opportunity to complete a series of multiple choice questions covering competencies tested in the Trademark Knowledge Exam, namely to demonstrate foundational knowledge and the ability to assess the registrability of a trademark, develop a client-centred trademark strategy, prosecute a trademark application, and represent a client before the Trademarks Opposition Board. Modeled after the CPATA exam format, this study tool is a great way for candidates to test their readiness for the Knowledge Exam.
Interactive Format
The comprehensive course materials and interactive components are designed to facilitate and enhance the student’s learning experience:
- "Test Your Knowledge" Multiple Choice Questions Test
- Comprehensive course materials & resources
- True & False Quizzes
- Weekly practice assignments reviewed by instructors
- Webinars focused on case law
- Virtual discussion forum for students and instructors
- Free subscription to IP Source® (Westlaw)
Is this Course Right for You?
The course is aimed at candidates who possess an understanding of:
- The basic principles of trademark law, including descriptiveness, distinctiveness, confusion, and entitlement;
- The trademark process from filing to registration and beyond, including exposure to office actions involving technical and substantive objections, and to assignments and licensing;
- Opposition and summary non-use cancellation proceedings, including exposure to opposition pleadings and evidence;
- The Madrid Protocol generally, including the process of filing an application for international registration and the differences in the treatment of Protocol applications in Canada.
Curriculum and Learning Objectives
UNIT 1 | Trademark Searching & Availability Opinions
- Understand the benefits and limitations of trademark searching
- Learn practical tips for reviewing and discussing search results
- Understand the test for confusion and the surrounding circumstances to be considered in the confusion analysis
- Learn how to apply the test for confusion and the surrounding circumstances in analyzing search results
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UNIT 2 | Preparing and Filing the Trademark Application
- Understand formality requirements of a trademark application, including formality requirements for non-traditional marks (sound, scent, taste, etc.)
- Understand filing requirements for certification marks and official marks
- Learn how to prepare a trademark application for filing using Trademark E-Services
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UNIT 3 | Examiner's Report – Conformity (Section 30)
- Learn how to manage formality objections in an Examiner’s report
- Understand the requirements for describing specific goods and services using ordinary commercial terms
- Understand the Nice Classification system and the requirements for grouping goods and services in accordance with the appropriate Nice Class
- Learn how to prepare descriptions of goods and services that comply with formality requirements, including specific requirements for describing software, pharmaceuticals, and advertising services
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UNIT 4 | Examiner's Report – Inherent Registrability (Section 12)
- Understand and apply the test and criteria for assessing surname significance
- Understand and apply the test for assessing descriptiveness and misdescriptiveness
- Learn about options for responding to Section 12(1)(a) and Section 12(1)(b) objections, including evidence requirements for claiming acquired distinctiveness
- Learn the process and requirements for dividing an application and the differences in dividing a Protocol application
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UNIT 5 | Examiner's Report – Entitlement (Section 16)
- Understand who is entitled to the registration of a trademark
- Learn practical strategies for overcoming confusion objections
- Apply the test for confusion and the surrounding circumstances in crafting arguments for overcoming confusion objections
- Develop an understanding of alternatives to arguing confusion objections
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UNIT 6 | Grounds of Opposition (Section 38(2)(a)) – Conformity
- Develop an understanding of grounds of opposition based on non-compliance with formality requirements
- Learn how to prepare pleadings based on non-compliance with formality requirements
- Gain an understanding of the evidentiary requirements and material dates for grounds of opposition based on non-compliance with formality requirements
- Learn about important procedural differences when opposing a Protocol application
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UNIT 7 | Grounds of Opposition (Section 38(2)(b)) – Registrability
- Learn about grounds of opposition based on registrability objections, including inherent registrability objections and objections based on confusion with another trademark
- Learn how to prepare pleadings based on registrability objections
- Gain an understanding of the evidentiary requirements and material dates for grounds of opposition based registrability objections
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UNIT 8 | Grounds of Opposition (Section 38(2)(a.1), (c), (d), (e) and (f)) – Bad Faith, Entitlement and Distinctiveness
- Learn about the criteria for establishing bad faith and the relevant case law
- Learn about grounds of opposition based on bad faith, non-distinctiveness and non-entitlement to use of the mark
- Learn how to prepare pleadings based on bad faith, non-distinctiveness and non-entitlement to use of the mark
- Gain an understanding of the evidentiary requirements and material dates for grounds of opposition based on bad faith, non-distinctiveness and non-entitlement to use of the mark
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UNIT 9 | Registration, Renewals, Assignments, Licensing, Passing Off, Infringement, Combating Counterfeit Products Act
- Learn how transitional provisions affect renewals
- Understand the requirements and process for recording ownership changes
- Recognize the importance of licensing the key elements of a proper and effective license
- Obtain an overview of legal proceedings involving trademarks, including passing-off, infringement and depreciation and the differences between such proceedings
- Learn about the CBSA’s Intellectual Property Rights enforcement program and the requirements and procedure for filing a request for assistance (RFA)
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UNIT 10 | Section 45 Proceedings and Expungement
- Understand the various stages of a Section 45 proceeding
- Learn to apply the statutory requirements for evidencing use in respect of goods, services and use by export
- Apply relevant case law in assessing use of variants of the mark, use by persons other than the trademark owner, and the threshold to be met to excuse non-use
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MADRID PROTOCOL
- Gain practical knowledge of the Madrid system
- Understand the advantages and disadvantages of the Madrid system
- Understand the requirements and process of preparing and filing an international application
- Understand the formalities and technical requirements for prosecution, registration and post-registration of a Protocol application/registration
- Learn about key differences in CIPO’s treatment of Protocol applications versus national applications
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Tuition Fees
IPIC Member: $1,300 plus applicable tax
Non-Member: $1,900 plus applicable tax
Registration Deadline: January 8, 2025
Cancellation Policy: A refund will be granted up to and including January 8, 2025, less a $100 cancellation fee. Substitutions will be considered.
Financial aid may be available for students whose tuition fees are not paid by an employer. Applicants will be considered on the basis of their gross annual income. Please contact the IPIC office at education@ipic.ca or 613-234-0516.
Next Step in Preparing for CPATA’s Trademark Agent Skills Exam
IPIC offers Trademark Agent Exam Tutorials over the summer consisting in a sample examination to test your readiness for the CPATA’s Skills Exam.
Students who complete the 2025 Trademark Agent Exam Prep Course will receive a 15% discount on the 2025 Trademark Tutorials tuition fees at the time they register for the Tutorials.
Inquiries
For more information on the Trademark Agent Exam Prep Course or the Trademark Agent Exam Tutorials, please contact:
education@ipic.ca
613-234-0516
Program subject to change.
