48. The Registrar shall recognize a transfer of an application for registration of a trade-mark on receipt of a written request for recognition together with
(a) evidence of the transfer; and
(b) the information required by paragraph 30(g) of the Act in the case of a first application.
49. (1) Where, as a result of a transfer of a trade-mark that is the subject of an application for registration, the trade-mark becomes the property of one person for use in association with some of the wares or services specified in the application and of another person for use in association with other such wares or services, and the Registrar recognizes the transfer, each person shall file an amendment of that application restricted to those wares and services for use in respect of which the person owns the trade-mark.
(2) Each amendment referred to in subsection (1) is a continuation of the application for the purpose of preserving the benefit of the date of filing of the application, but shall otherwise be treated in subsequent proceedings as a separate application.
50. Where, as a result of a transfer, a registered trade-mark becomes the property of one person for use in association with some of the wares or services specified in the registration, and of another person for use in association with other such wares or services, and the transfer is registered by the Registrar, each person
(a) for the purposes of the Act, is deemed to be a separate registered owner of the trade-mark for use in association with the wares and services in respect of which the person has acquired or retained ownership of the trade-mark; and
(b) for the purposes of sections 43 to 46 of the Act, is deemed to have a separate registration of the trade-mark.
51. A summary of an application for registration referred to in paragraph 26(2)(b) of the Act shall include the following information, where applicable:
(a) the name and address of the registered owner at the time of registration of the trade-mark;
(b) the trade-mark and any disclaimer with respect to that trade-mark;
(c) the wares and services in respect of which registration of the trade-mark has been requested and, in the case of a proposed trade-mark, in respect of which the declaration of use of the trade-mark in Canada required by subsection 40(2) of the Act has been filed;
(d) the number of the application for registration;
(e) the date of filing of the application and, where priority is claimed, the date of the priority filing of the application;
(f) the date or dates of first use of the trade-mark in Canada;
(g) the date or dates of first making known of the trade-mark in Canada; and
(h) the country of origin of the applicant or the applicant’s predecessor in title and the name of a country other than Canada in which the trade-mark has been used.
52. The register, pursuant to paragraph 26(2)(f) of the Act, shall indicate, in respect of each registered trade-mark, the following particulars, where applicable:
(a) the territorial area to which the registration extends;
(b) the registration number;
(c) the registration number of each associated trade-mark;
(d) the name and address of the original registered owner;
(e) the name and address of the representative for service of the current registered owner;
(f) a notation disclosing whether registrability has been recognized pursuant to subsection 12(2) or section 13 or 14 of the Act;
(g) the number and date of any registration abroad on which the registration is based and the country in or for which the registration was made; and
(h) the date of filing any declaration of use.
- SOR/99-292, s. 4.
- Date modified: