22. (1) During the period beginning on January 1 and ending on March 31 of each year,
(a) a resident of Canada whose name is entered on the list of trade-mark agents shall, in order to maintain the resident’s name on the list, pay the fee set out in item 21 of the schedule;
(b) a resident of any other country whose name is entered on the list of trade-mark agents shall, in order to maintain the resident’s name on the list, file a statement signed by the agent setting out the agent’s country of residence and declaring that the agent is in good standing before the trade-mark office of that country; and
(c) a firm having the name of at least one of its members entered on the list of trade-mark agents shall, in order to maintain the firm’s name on the list, file a statement signed by one of its members whose name is on the list, indicating all of its members whose names are on the list.
(2) Where a trade-mark agent fails to comply with the applicable requirement set out in subsection (1), the Registrar shall send a written notice to the trade-mark agent requiring that, within three months after the date of the notice, the trade-mark agent shall file
(a) the statement required by paragraph (1)(b) or (c), as applicable; or
(b) the fee set out in item 21 of the schedule.
(3) Where a trade-mark agent fails to comply with a notice referred to in subsection (2), the Registrar shall remove the name of the agent from the list of trade-mark agents.
23. (1) The name of a trade-mark agent that has been removed from the list of trade-mark agents pursuant to subsection 22(3) may be reinstated if the agent applies to the Registrar within one year after the date of the removal of the agent’s name from the list, and
(a) files the statement required by paragraph 22(1)(b) or (c), as applicable; or
(b) pays the fees set out in items 21 and 22 of the schedule.
(2) A firm is entitled to have its name remain on the list of trade-mark agents where
(a) the name of at least one of its members is on the list; and
(b) the statement required by paragraph 22(1)(c) is filed.
APPLICATION FOR REGISTRATION
24. A separate application shall be filed for the registration of each trade-mark, but a single application is sufficient where the trade-mark is used, made known or proposed to be used in association with both wares and services.
25. Subject to section 34 of the Act, the date of filing of an application for the registration of a trade-mark is the date on which the following are delivered to the Registrar:
(a) an application setting out the following information, namely,
(i) the name and address of the applicant,
(ii) the wares or services in association with which the trade-mark is proposed to be used, or has been used or made known, and
(iii) in the case of a trade-mark other than a proposed trade-mark,
(A) the date of first use or making known of the trade-mark in Canada, or
(B) the name of a country in which the trade-mark has been used and information respecting the registration or application for registration in or for a country of the Union on which the right to registration is based;
(b) the application fee set out in item 1 of the schedule; and
(c) a drawing of the trade-mark, unless the trade-mark consists solely of a word or words not depicted in a special form.
- SOR/99-292, s. 2.
- Date modified: