Trade-marks Regulations (SOR/96-195)

Regulations are current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

REGISTER

 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.

 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.

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.