Trademarks Regulations (SOR/2018-227)

Marginal note:Amendment to advertised application — some goods or services

• 117 (1) If a Protocol application has been advertised under subsection 37(1) of the Act before the date of notification of a correction of an international registration on which the Protocol application is based and if the Registrar determines that the deemed amendment to the Protocol application is substantive in respect of at least one but not all of the goods or services specified in the amended Protocol application and is not limited to narrowing the scope of the statement of goods or services, then the Registrar must, by notice, invite the applicant to elect one of the following options:

  • (a) that the Protocol application be amended to delete those goods or services; or

  • (b) that the Protocol application be deemed to never have been advertised.

• Marginal note:Deletion of goods or services

  (2) If the applicant elects the option referred to in paragraph (1)(a) or does not make an election within two months after the date of the notice, the Protocol application is deemed to be amended to delete those goods or services.

• Marginal note:Deemed non-advertisement of application

  (3) If the applicant selects the option referred to in paragraph (1)(b) within two months after the date of the notice

  • (a) the Protocol application is deemed never to have been advertised; and

  • (b) a reference in sections 120 and 129, paragraph 132(1)(c) and subparagraph 132(1)(d)(i) to “date of notification of territorial extension” is to be read as “day on which the International Bureau sent to the Registrar the notification of a correction of an international registration on which the Protocol application is based” in respect of that Protocol application.