Trade-marks Regulations (SOR/96-195)

Regulations are current to 2013-05-20 and last amended on 2007-10-01. Previous Versions

 The particulars published in the Journal of a registration of a trade-mark made or extended pursuant to the Act shall include

  • (a) the number and date of the registration;

  • (b) the name of the registered owner;

  • (c) the application number; and

  • (d) the issue number and date of the issue of the Journal in which the application was advertised.

ELIGIBILITY FOR EXAMINATION

 Subject to subsection 20(2), a person is eligible to sit for a qualifying examination relating to trade-mark law and practice if, before October 1 of the year in which the person proposes to sit for the examination, the person resides in Canada and

  • (a) is a barrister or solicitor entitled to practise as such in a province, or a notary entitled to practise as such in the Province of Quebec; or

  • (b) has worked in Canada in the area of Canadian trade-mark law and practice, including the preparation and prosecution of applications for the registration of trade-marks, for a period of not less than 24 months.

EXAMINING BOARD

 The members of an examining board shall be appointed by the Registrar and at least two members of the board shall be trade-mark agents nominated by the Intellectual Property Institute of Canada.

  • SOR/2003-209, s. 1.

QUALIFYING EXAMINATION

  •  (1) The examining board shall

    • (a) set the qualifying examination relating to trade-mark law and practice;

    • (b) set the date for the qualifying examination; and

    • (c) conduct the qualifying examination during the month of October in each year.

  • (2) The Registrar shall give notice in the Journal of the date of the next qualifying examination and shall state in the notice that any person who proposes to sit for the examination shall

    • (a) within the time specified in the notice, notify the Registrar in writing and submit to the Registrar an affidavit or statutory declaration setting out the person’s experience, duties and responsibilities in the area of trade-mark law and practice; and

    • (b) pay the fee set out in item 20 of the schedule.

  • (3) The Registrar shall designate the place or places where the qualifying examination is to be held and shall, by registered mail, at least four weeks before the day fixed for the examination, notify any person who has complied with the requirements of subsection (2).

LISTING OF TRADE-MARK AGENTS

 The Registrar shall, on written request and payment of the fee set out in item 19 of the schedule, enter on a list of trade-mark agents the name of

  • (a) any resident of Canada who has passed the qualifying examination relating to Canadian trade-mark law and practice, including the preparation and prosecution of applications for registration of trade-marks;

  • (b) any resident of Canada who is a barrister or solicitor entitled to practise as such in a province, or a notary entitled to practise as such in the Province of Quebec, who has

    • (i) passed the qualifying examination relating to trade-mark law and practice, or

    • (ii) worked in the area of trade-mark law, including the preparation and prosecution of applications for registration of trade-marks, for a period of not less than 24 months and who has submitted an affidavit or statutory declaration to that effect to the Registrar;

  • (c) a resident of any other country who is entitled to practise before the trade-marks office of that country; and

  • (d) any firm having the name of at least one of its members entered on the list as a trade-mark agent.