Marginal note:Amendments to register

• 41. (1) The Registrar may, on application by the registered owner of a trade-mark made in the prescribed manner, make any of the following amendments to the 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 wares 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.

• Marginal note:Conditions

  (2) An application to extend the statement of wares 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 wares or services specified in the application for amendment.

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.

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.

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.