Marginal note:When application to be allowed
39 (1) When an application for the registration of a trade-mark either has not been opposed and the time for the filing of a statement of opposition has expired or it has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall allow the application or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal.
Marginal note:No extension of time
(2) Subject to subsection (3), the Registrar shall not extend the time for filing a statement of opposition with respect to any application that has been allowed.
(3) Where the Registrar has allowed an application without considering a previously filed request for an extension of time to file a statement of opposition, the Registrar may withdraw the application from allowance at any time before issuing a certificate of registration and, in accordance with section 47, extend the time for filing a statement of opposition.
- R.S., 1985, c. T-13, s. 39;
- 1993, c. 15, s. 67.
Registration of Trade-marks
Marginal note:Registration of trade-marks
Marginal note:Proposed trade-mark
(2) When an application for registration of a proposed trade-mark is allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and issue a certificate of registration on receipt of a declaration that the use of the trade-mark in Canada, in association with the goods or services specified in the application, has been commenced by
Marginal note:Abandonment of application
(3) An application for registration of a proposed trade-mark shall be deemed to be abandoned if the Registrar has not received the declaration referred to in subsection (2) before the later of
Marginal note:Form and effect
(4) Registration of a trade-mark shall be made in the name of the applicant therefor or his transferee, and the day on which registration is made shall be entered on the register, and the registration takes effect on that day.
Marginal note:Section 34 does not apply
(5) For the purposes of subsection (3), section 34 does not apply in determining when an application for registration is filed.
- R.S., 1985, c. T-13, s. 40;
- 1993, c. 15, s. 68, c. 44, s. 231;
- 1999, c. 31, s. 210(F);
- 2014, c. 32, ss. 37(F), 53(E).
Amendment of the Register
Marginal note:Amendments to register
(a) correct any error or enter any change in the name, address or description of the registered owner or of his representative for service in Canada;
(b) cancel the registration of the trade-mark;
(c) amend the statement of the goods or services in respect of which the trade-mark is registered;
(d) amend the particulars of the defined standard that the use of a certification mark is intended to indicate; or
(e) enter a disclaimer that does not in any way extend the rights given by the existing registration of the trade-mark.
(2) An application to extend the statement of goods or services in respect of which a trade-mark is registered has the effect of an application for registration of the trade-mark in respect of the goods or services specified in the application for amendment.
- R.S., 1985, c. T-13, s. 41;
- 2014, c. 32, s. 53.
Marginal note:Representative for service
42 (1) The registered owner of a trade-mark who has no office or place of business in Canada shall name another representative for service in place of the latest recorded representative or supply a new and correct address of the latest recorded representative on notice from the Registrar that the latest recorded representative has died or that a letter addressed to him at the latest recorded address and sent by ordinary mail has been returned undelivered.
Marginal note:Change of address
(2) When, after the dispatch of the notice referred to in subsection (1) by the Registrar, no new nomination is made or no new and correct address is supplied by the registered owner within three months, the Registrar or the Federal Court may dispose of any proceedings under this Act without requiring service on the registered owner of any process therein.
- R.S., c. T-10, s. 41;
- R.S., c. 10(2nd Supp.), s. 64.
Marginal note:Additional representations
43 The registered owner of any trade-mark shall furnish such additional representations thereof as the Registrar may by notice demand and, if he fails to comply with that notice, the Registrar may by a further notice, fix a reasonable time after which, if the representations are not furnished, he may expunge the registration of the trade-mark.
- R.S., c. T-10, s. 42.
Marginal note:Notice for information
44 (1) The Registrar may at any time, and shall at the request of any person who pays the prescribed fee, by notice in writing require the registered owner of any trade-mark that was on the register on July 1, 1954 to furnish him within three months from the date of the notice with the information that would be required on an application for the registration of the trade-mark made at the date of the notice.
Marginal note:Amendments to register
(2) The Registrar may amend the registration of the trade-mark in accordance with the information furnished to him under subsection (1).
Marginal note:Failure to give information
(3) Where the information required by subsection (1) is not furnished, the Registrar shall by a further notice fix a reasonable time after which, if the information is not furnished, he may expunge the registration of the trade-mark.
- R.S., c. T-10, s. 43.
Marginal note:Registrar may request evidence of user
45 (1) The Registrar may at any time and, at the written request made after three years from the date of the registration of a trade-mark by any person who pays the prescribed fee shall, unless the Registrar sees good reason to the contrary, give notice to the registered owner of the trade-mark requiring the registered owner to furnish within three months an affidavit or a statutory declaration showing, with respect to each of the goods or services specified in the registration, whether the trade-mark was in use in Canada at any time during the three year period immediately preceding the date of the notice and, if not, the date when it was last so in use and the reason for the absence of such use since that date.
Marginal note:Form of evidence
(2) The Registrar shall not receive any evidence other than the affidavit or statutory declaration, but may hear representations made by or on behalf of the registered owner of the trade-mark or by or on behalf of the person at whose request the notice was given.
Marginal note:Effect of non-use
(3) Where, by reason of the evidence furnished to the Registrar or the failure to furnish any evidence, it appears to the Registrar that a trade-mark, either with respect to all of the goods or services specified in the registration or with respect to any of those goods or services, was not used in Canada at any time during the three year period immediately preceding the date of the notice and that the absence of use has not been due to special circumstances that excuse the absence of use, the registration of the trade-mark is liable to be expunged or amended accordingly.
Marginal note:Notice to owner
(4) When the Registrar reaches a decision whether or not the registration of a trade-mark ought to be expunged or amended, he shall give notice of his decision with the reasons therefor to the registered owner of the trade-mark and to the person at whose request the notice referred to in subsection (1) was given.
Marginal note:Action by Registrar
(5) The Registrar shall act in accordance with his decision if no appeal therefrom is taken within the time limited by this Act or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal.
- R.S., 1985, c. T-13, s. 45;
- 1993, c. 44, s. 232;
- 1994, c. 47, s. 200;
- 2014, c. 32, s. 53.
- Date modified: