Trade-marks Regulations (SOR/96-195)
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Regulations are current to 2013-04-29 and last amended on 2007-10-01. Previous Versions
9. (1) Where a trade-mark agent is not a resident of Canada, the agent shall appoint an associate agent who is a resident of Canada.
(2) Where an associate trade-mark agent is not appointed pursuant to subsection (1), the Registrar shall correspond with the applicant.
10. Sections 8 and 9 apply, with such modifications as are necessary, to parties to oppositions.
11. (1) The appointment of a trade-mark agent need not be made in writing, but the Registrar may require the agent to file a written authorization from the person or firm that that agent claims to represent, where the circumstances described in any of paragraphs 8(2)(a) to (c) have not occurred or the appointment has not been clearly established.
(2) Where a trade-mark agent fails to file an authorization required pursuant to subsection (1), the Registrar may notify the person or firm that the agent claims to represent, and shall, subject to section 8, continue to correspond with the person or firm notified until the written authorization is filed.
GENERAL
12. The fees set out in the schedule are payable to the Receiver General and shall be forwarded to the Registrar.
13. Except as otherwise provided in these Regulations, all documents filed with the Office of the Registrar of Trade-marks shall be on white paper that measures at least 8 inches by 11 inches, or 21 cm x 28 cm, but not more than 8 1/2 inches by 14 inches, or 22 cm x 35 cm, on one side only, with left and upper margins of at least 1 inch or 2.5 cm.
14. (1) An application for the registration of a trade-mark shall contain the information required by section 30 of the Act, and shall be presented clearly and legibly, in the manner specified by the Registrar in the Journal and on the appropriate form published by the Registrar in the Journal, or in any other form that allows for the furnishing of the same information.
(2) Any document to be submitted to the Registrar relating to the registration of a trade-mark or a registered trade-mark shall be presented clearly and legibly, in the manner specified by the Registrar in the Journal and on the appropriate form published by the Registrar in the Journal, or in any other form that allows for the furnishing of the same information.
JOURNAL
15. The Registrar shall publish, on a weekly basis, the Journal, which shall include
(a) every advertisement made pursuant to subsection 37(1) of the Act;
(b) the particulars of every registration of a trade-mark made or extended pursuant to the Act;
(c) the particulars of the Registrar’s rulings required to be published pursuant to section 64 of the Act;
(d) every public notice required pursuant to subsection 9(1) of the Act; and
(e) every order made by the Minister pursuant to subsection 66(2) of the Act.
16. Every advertisement of an application published pursuant to subsection 37(1) of the Act shall set out
(a) the trade-mark claimed;
(b) a note of any disclaimer;
(c) the name and address of the applicant and the representative for service, if any;
(d) the application number;
(e) the date of filing of the application and the date of priority claimed pursuant to section 34 of the Act, if any;
(f) a summary of the information filed by the applicant pursuant to paragraphs 30(a) to (d) and (g) of the Act;
(g) in the case of an application for a proposed trade-mark, a certification mark or a distinguishing guise, a note to that effect;
(h) where the benefit of subsection 12(2) or section 14 of the Act is claimed, a note to that effect;
(i) the particulars of any territorial restriction applicable pursuant to subsection 32(2) of the Act; and
(j) the particulars of any translation or transliteration furnished to the Registrar in accordance with paragraph 29(a) or (b).
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