Trade-marks Regulations (SOR/96-195)

Regulations are current to 2014-12-08 and last amended on 2014-04-01. Previous Versions

  •  (1) Every exhibit to an affidavit or declaration filed in an opposition shall be filed with the affidavit or declaration.

  • (2) Subject to subsection (3), all materials filed in an opposition shall be open to public inspection at the Office of the Registrar of Trade-marks.

  • (3) Written arguments shall not be open to public inspection until after they have been forwarded by the Registrar in accordance with subsection 46(3).

  • (4) A copy, photograph or sample of an exhibit referred to in subsection (1) shall be served on the other party unless the Registrar directs otherwise.

  •  (1) Not less than 14 days after completion of the evidence, the Registrar shall give the parties written notice that they may, within one month after the date of the notice, file written arguments with the Registrar.

  • (2) No written argument shall be filed after the expiration of the period of one month referred to in subsection (1), except with leave of the Registrar.

  • (3) Written arguments, if any, shall be filed in duplicate and, after the written arguments of both parties have been filed or the period for filing written arguments has expired, the Registrar shall forward

    • (a) a copy of any written argument filed to every other party; and

    • (b) a notice to each party that a hearing may be requested.

  • (4) A party wishing to be heard by the Registrar shall give the Registrar written notice within one month after the date of the Registrar’s notice referred to in paragraph (3)(b) and, on receipt of a notice from the party, the Registrar shall send the parties a written notice setting out the time, date and location of the hearing.

 Where in an opposition proceeding any extension of time is granted to a party, the Registrar may thereafter grant a reasonable extension of time to the other party for the taking of any subsequent step.

TRANSFER

 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.

  •  (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.

 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.