Trade-marks Regulations (SOR/96-195)

Regulations are current to 2017-11-06 and last amended on 2014-04-01. Previous Versions

 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.

 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.

 Within four months after service of the objector’s evidence or statement referred to in paragraph 55(1)(a), the responsible authority

  • (a) may submit to the Registrar, by way of affidavit or statutory declaration, the evidence that the responsible authority is relying on; and

  • (b) shall serve the objector, where evidence is submitted, with a copy of the evidence.

  • SOR/2007-91, s. 9.

 Within one month after service on the objector of the responsible authority’s evidence referred to in paragraph 56(a), the objector

  • (a) may submit to the Registrar, by way of affidavit or statutory declaration, evidence strictly confined to matters in reply; and

  • (b) where submitting the evidence referred to in paragraph (a), shall serve the responsible authority with a copy of the evidence.

  •  (1) No further evidence shall be adduced by any party except with leave of the Registrar on such terms as the Registrar determines to be appropriate.

  • (2) Before giving notice in accordance with subsection 60(1), the Registrar may, on the application of any party and on such terms as the Registrar may direct, order the cross-examination under oath of any affiant or declarant on an affidavit or statutory declaration that has been filed with the Registrar and is being relied on as evidence in the objection proceeding.

  • (3) A cross-examination ordered pursuant to subsection (2) shall be held at a time, date and place and before a person agreed to by the parties or, in the absence of an agreement, as designated by the Registrar.

  • (4) A transcript of the cross-examination and exhibits to the cross-examination, and any documents or material undertaken to be submitted by the party whose affiant or declarant is being cross-examined, shall be filed with the Registrar by the party conducting the cross-examination, within the time fixed by the Registrar.

  • (5) If an affiant or declarant declines or fails to attend for cross-examination, the affidavit or statutory declaration shall not be part of the evidence and shall be returned to the party who filed it.

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

  • (2) Subject to subsection (3), all materials filed in an objection proceeding 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 60(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.

 
Date modified: