Document Type
Article
Publication Title
Journal of Empirical Legal Studies
Publication Date
2021
Volume
18
First Page
908
DOI
https://doi.org/10.1111/jels.12303
Abstract
This article discloses and describes a new research dataset representing the Canadian Intellectual Property Office's historical archive of trademark applications. This individual-application-level dataset includes all applications since approximately 1980, and many preserved applications and registrations dating back to the beginning of Canada's trademark registry in 1865, totaling over 1.6 million application records. It includes comprehensive bibliographic and lifecycle data; trademark characteristics; goods and services claims; identification of applicants, attorneys, and other interested parties (including address data); detailed prosecution history event data; and data on application, registration, and use claims in countries other than Canada. Both the dataset and the code used to build and analyze it are presented for public use on open-access terms at https://doi.org/10.5281/zenodo.4999655. This article uses the dataset to generate novel descriptive analyses of the performance of Canada's trademark registration system and the behavior of applicants for registration, both independently and in comparison to the United States and Australia. These analyses suggest that Canada's trademark registration system is substantially underperforming other nations with respect to efficiency of examination, and that recent statutory and regulatory changes in Canadian trademark law may have the effect of masking or even exacerbating this underperformance while decreasing the reliability of the Canadian trademark registry as an authoritative guide to trademarks used in Canadian commerce.
Comments
This is the prepublication draft of the following article: Jeremy N. Sheff, The Canada Trademarks Dataset, 18 Journal of Empirical Legal Studies 908 (2021), which has been published in final form at https://doi.org/10.1111/jels.12303. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.