Trade-marks Act (R.S.C., 1985, c. T-13)

Act current to 2012-05-14 and last amended on 2008-12-31. Previous Versions

Marginal note:Publication of registrations

 The Registrar shall cause to be published periodically particulars of the registrations made and extended from time to time under this Act, and shall in such publication give particulars of any rulings made by him that are intended to serve as precedents for the determination of similar questions thereafter arising.

  • R.S., c. T-10, s. 64.
Marginal note:Regulations

 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations with respect to the following matters:

  • (a) the form of the register and of the indexes to be maintained pursuant to this Act, and of the entries to be made therein;

  • (b) the form of applications to the Registrar;

  • (c) the registration of transfers, licences, disclaimers, judgments or other documents relating to any trade-mark;

  • (c.1) the maintenance of the list of trade-mark agents and the entry and removal of the names of persons and firms on the list, including the qualifications that must be met and the conditions that must be fulfilled to have a name entered on the list and to maintain the name on the list;

  • (d) the form and contents of certificates of registration;

  • (d.1) the procedure by and form in which an application may be made to the Minister, as defined in section 11.11, requesting the Minister to publish a statement referred to in subsection 11.12(2); and

  • (e) the payment of fees to the Registrar and the amount thereof.

  • R.S., 1985, c. T-13, s. 65;
  • 1993, c. 15, s. 70;
  • 1994, c. 47, s. 201.
Marginal note:Time limit deemed extended
  •  (1) Where any time limit or period of limitation specified under or pursuant to this Act expires on a day when the Office of the Registrar of Trade-marks is closed for business, the time limit or period of limitation shall be deemed to be extended to the next day when the Office is open for business.

  • Marginal note:When Trade-marks Office closed for business

    (2) The Office of the Registrar of Trade-marks shall be closed for business on Saturdays and holidays and on such other days as the Minister by order declares that it shall be closed for business.

  • Marginal note:Publication

    (3) Every order made by the Minister under subsection (2) shall be published in the Trade-marks Journal as soon as possible after the making thereof.

  • R.S., c. T-10, s. 66.

NEWFOUNDLAND

Marginal note:Registration of trade-mark before April 1, 1949
  •  (1) The registration of a trade-mark under the laws of Newfoundland before April 1, 1949 has the same force and effect in the Province of Newfoundland as if Newfoundland had not become part of Canada, and all rights and privileges acquired under or by virtue of those laws may continue to be exercised or enjoyed in the Province of Newfoundland as if Newfoundland had not become part of Canada.

  • Marginal note:Applications for trade-marks pending April 1, 1949

    (2) The laws of Newfoundland as they existed immediately before April 1, 1949 continue to apply in respect of applications for the registration of trade-marks under the laws of Newfoundland pending at that time and any trade-marks registered under those applications shall, for the purposes of this section, be deemed to have been registered under the laws of Newfoundland before April 1, 1949.

  • 1993, c. 15, s. 71.