Trade-marks Regulations (SOR/96-195)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2007-10-01. Previous Versions
Trade-marks Regulations
SOR/96-195
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.
Return to footnote *S.C. 1994, c. 47, s. 192
Return to footnote **S.C. 1994, c. 47, s. 197
Return to footnote ***S.C. 1992, c. 1, s. 134
Return to footnote ****S.C. 1993, c. 15, s. 66(2)
Return to footnote *****S.C. 1994, c. 47, s. 200(1)
Return to footnote ******S.C. 1992, c. 1, s. 135(1)
Return to footnote *******S.C. 1993, c. 44, s. 234
Return to footnote ********S.C. 1993, c. 44, s. 238(4)
Return to footnote *********S.C. 1994, c. 47, s. 201
1. [Repealed, SOR/2007-91, s. 2]
INTERPRETATION
2. 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 whose name is entered on the list of trade-mark agents referred to in section 21. (agent de marques de commerce)
CORRESPONDENCE
3. (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.