Trade-marks Regulations (SOR/96-195)

Regulations are current to 2017-11-06 and last amended on 2014-04-01. Previous Versions

Trade-marks Regulations

SOR/96-195

TRADE-MARKS ACT

Registration 1996-04-16

Trade-marks Regulations

P.C. 1996-490  1996-04-16

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Treasury Board, pursuant to subsections 11.13(1)Footnote * and (4) to (6)Footnote * and 29(1)Footnote **, paragraph 30(h), subsections 37(1), 38(1)Footnote ***, (6)Footnote **** and (7)Footnote ****, 41(1), 44(1), 45(1)Footnote *****, 46(2) to (4)Footnote ******, 47(1) and (2), 53(1)Footnote ******* and 59(2) and sections 60Footnote ******** and 65Footnote ********* of the Trade-marks Act, is pleased hereby to repeal the Trade Marks Regulations, C.R.C., c. 1559, and to make the annexed Regulations respecting Trade-marks, in substitution therefor.

 [Repealed, SOR/2007-91, s. 2]

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Trade-marks Act. (Loi)

applicant

applicant means a person who files an application for the registration of a trade-mark, pursuant to section 30 of the Act, or who is the last transferee of an application for the registration of a trade-mark recognized under section 48. (requérant)

Journal

Journal means the Trade-marks Journal referred to in subsection 66(3) of the Act. (Journal)

trade-mark agent

trade-mark agent means a person or firm whose name is entered on the list of trade-mark agents referred to in section 21. (agent de marques de commerce)

  • SOR/2013-232, s. 1.

Correspondence

  •  (1) Correspondence intended for the Registrar or the Office of the Registrar of Trade-marks shall be addressed to the “Registrar of Trade-marks”.

  • (2) Correspondence addressed to the Registrar may be physically delivered to the Office of the Registrar of Trade-marks during ordinary business hours of the Office and shall be considered to be received by the Registrar on the day of the delivery.

  • (3) For the purposes of subsection (2), where correspondence addressed to the Registrar is physically delivered to the Office of the Registrar of Trade-marks outside of its ordinary business hours, it shall be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

  • (4) Correspondence addressed to the Registrar may be physically delivered to an establishment that is designated by the Registrar in the Journal as an establishment to which correspondence addressed to the Registrar may be delivered, during ordinary business hours of that establishment, and

    • (a) where the delivery is made to the establishment on a day that the Office of the Registrar of Trade-marks is open for business, the correspondence shall be considered to be received by the Registrar on that day; and

    • (b) where the delivery is made to the establishment on a day that the Office of the Registrar of Trade-marks is closed for business, the correspondence shall be considered to be received by the Registrar on the day when the Office is next open for business.

  • (5) For the purposes of subsection (4), where correspondence addressed to the Registrar is physically delivered to an establishment outside of ordinary business hours of the establishment, it shall be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

  • (6) Correspondence addressed to the Registrar may be sent at any time by electronic or other means of transmission specified in the Journal.

  • (7) For the purposes of subsection (6), where, according to the local time of the place where the Office of the Registrar of Trade-marks is located, the correspondence is delivered on a day when the Office is open for business, it shall be considered to be received by the Registrar on that day.

  • (8) For the purposes of subsection (6), where, according to the local time of the place where the Office of the Registrar of Trade-marks is located, the correspondence is delivered on a day when the Office is closed for business, it shall be considered to be received by the Registrar on the day when the Office is next open for business.

  • (9) Subsection (6) does not apply to the following:

    • (a) evidence submitted pursuant to subsection 11.13(5) of the Act;

    • (b) evidence submitted pursuant to subsection 38(7) of the Act; and

    • (c) an affidavit or a statutory declaration furnished pursuant to subsection 45(1) of the Act.

  • SOR/99-292, s. 1.
  •  (1) Communication in respect of a trade-mark shall be in writing, but the Registrar may also consider oral communications.

  • (2) The Registrar may request that an oral communication be confirmed in writing.

  •  (1) Subject to subsection (2), each communication addressed to the Registrar shall deal with only one application for the registration of a trade-mark or one registered trade-mark.

  • (2) Subsection (1) does not apply in respect of

    • (a) a change in the name or address of an applicant for the registration of more than one trade-mark;

    • (b) a change in the name or address of a registered owner of more than one registered trade-mark;

    • (c) an application to cancel a registration;

    • (d) a transfer or other document affecting the rights to an application for the registration of a trade-mark or the rights to a registered trade-mark; and

    • (e) an appointment of a representative for service or a change in the name and address of a representative for service.

  •  (1) Any address required to be furnished pursuant to the Act or these Regulations shall be a complete mailing address and shall include the street name and number, where one exists, and the postal code.

  • (2) Where the Registrar has not been notified of a change of address, the Registrar is not responsible for any correspondence not received by an applicant, registered owner, trade-mark agent or representative for service.

  •  (1) Correspondence in respect of an application for the registration of a trade-mark shall include

    • (a) the name of the applicant;

    • (b) the application number, if one has been assigned; and

    • (c) the trade-mark.

  • (2) Correspondence in respect of a registered trade-mark shall include

    • (a) the registration number;

    • (b) the application number; and

    • (c) the trade-mark.

  •  (1) Subject to subsections (2) and (4), correspondence relating to the prosecution of an application for the registration of a trade-mark shall be with the applicant.

  • (2) Subject to subsection (3) and sections 9 and 11, correspondence referred to in subsection (1) shall be with a trade-mark agent, where the trade-mark agent has been authorized to act on behalf of the applicant in one of the following ways:

    • (a) the trade-mark agent filed the application with the Registrar as the agent of the applicant;

    • (b) the trade-mark agent is appointed as the agent of the applicant in the application or an accompanying document; or

    • (c) the trade-mark agent is appointed as the agent of the applicant after the application is filed.

  • (3) Where a trade-mark agent referred to in subsection (2) appoints another trade-mark agent as associate or substitute agent, correspondence shall be with the associate or substitute agent.

  • (4) Where a person requests recognition of a transfer of an application pursuant to section 48, correspondence in respect of the recognition of the transfer shall also be with the person who requests that recognition.

  •  (1) Where a trade-mark agent is not a resident of Canada, the agent shall appoint an associate agent who is a resident of Canada.

  • (2) Where an associate trade-mark agent is not appointed pursuant to subsection (1), the Registrar shall correspond with the applicant.

 Sections 8 and 9 apply, with such modifications as are necessary, to parties to oppositions.

  •  (1) The appointment of a trade-mark agent need not be made in writing, but the Registrar may require the agent to file a written authorization from the person or firm that that agent claims to represent, where the circumstances described in any of paragraphs 8(2)(a) to (c) have not occurred or the appointment has not been clearly established.

  • (2) Where a trade-mark agent fails to file an authorization required pursuant to subsection (1), the Registrar may notify the person or firm that the agent claims to represent, and shall, subject to section 8, continue to correspond with the person or firm notified until the written authorization is filed.

 
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