Trade-marks Regulations (SOR/96-195)

Regulations are current to 2014-03-16 and last amended on 2007-10-01. Previous Versions

OBJECTION PROCEEDINGS UNDER SECTION 11.13 OF THE ACT

  •  (1) Any statement or other material required to be served on a party in an objection proceeding under section 11.13 of the Act or these Regulations may be served on the party or their trade-mark agent or representative for service

    • (a) by personal service;

    • (b) by registered mail;

    • (c) by courier; or

    • (d) in any other manner with the consent of the party or their agent.

  • (2) For the purposes of subsection (1), unless the parties are agreed otherwise, if the party being served has appointed a trade-mark agent or has named a representative for service, service shall be effected on that agent or that representative for service.

  • (3) If service is effected by registered mail, service is deemed to be effected on the later of

    • (a) the date of mailing of the statement or material, and

    • (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6).

  • (4) If service is effected by courier, service is deemed to be effected on the later of

    • (a) the date of delivery of the statement or material to the courier, and

    • (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6).

  • (5) If service is effected by personal service or in any other manner with the consent of the party or their agent, service is deemed to be effected on the later of

    • (a) the date of delivery of the statement or material to the person being served, and

    • (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6).

  • (6) The party effecting service shall notify the Registrar of the manner of service and

    • (a) in the case of service by registered mail, the date of mailing of the statement or material;

    • (b) in the case of service by courier, the date of delivery of the statement or material to the courier; or

    • (c) in any other case, the date of delivery of the statement or material to the person being served.

  • SOR/2007-91, s. 7.

 No amendment to a statement of objection or counter statement shall be allowed except with leave of the Registrar on such terms as the Registrar determines to be appropriate.

  •  (1) For the application of subsection 11.13(5) of the Act, within four months after service of the counter statement, the objector

    • (a) may submit to the Registrar, by way of affidavit or statutory declaration, the evidence that the objector is relying on to support the objection, or a statement that the objector does not wish to submit evidence; and

    • (b) shall serve the responsible authority, where evidence is submitted, with a copy of the evidence or, where the objector does not wish to submit evidence, with a copy of a statement that the objector does not wish to submit evidence.

  • (2) Where the objector does not submit either the evidence under subsection 11.13(5) of the Act or a statement that the objector does not wish to submit evidence, within the time set out in subsection (1), the objection shall be deemed to have been withdrawn for the purposes of subsection 11.13(6) of the Act.

  • SOR/2007-91, s. 8.