Trade-marks Regulations (SOR/96-195)

Regulations are current to 2013-04-29 and last amended on 2007-10-01. Previous Versions

  • 26. (1) Paragraph 25(a) applies in respect of an application to extend the statement of wares or services in respect of which a trade-mark is registered.

  • (2) The application referred to in subsection (1) shall be accompanied by the fee set out in item 3 of the schedule.

  • 27. (1) Where a drawing of a trade-mark is required by paragraph 30(h) of the Act, the drawing shall be in black and white, no larger than 2 3/4 inches by 2 3/4 inches or 7 cm x 7 cm, and shall not include any matter that is not part of the trade-mark, and may be on paper that satisfies the requirements of section 13.

  • (2) Where the drawing of the trade-mark on file is not suitable for reproduction in the Journal, the Registrar may require an applicant to file a new drawing.

  • 28. (1) Where the applicant claims a colour as a feature of the trade-mark, the colour shall be described.

  • (2) Where the description referred to in subsection (1) is not clear, the Registrar may require the applicant to file a drawing lined for colour in accordance with the following colour chart:

    Colour chart consisting of nine circles with different patterns inside representing the colours red or pink, brown, black, gray or silver, violet or purple, blue, green, yellow or gold and orange.

29. The Registrar may require an applicant for the registration of a trade-mark to furnish to the Registrar, as applicable,

  • (a) a translation into English or French of any words in any other language contained in the trade-mark;

  • (b) where the trade-mark contains matter expressed in characters other than Latin characters or in numerals other than Arabic or Roman numerals, a transliteration of the matter in Latin characters and Arabic numerals; and

  • (c) a specimen of the trade-mark as used.

AMENDMENT OF APPLICATION FOR REGISTRATION

30. Except as provided in sections 31 and 32, an application for the registration of a trade-mark may be amended either before or after the application is advertised pursuant to subsection 37(1) of the Act.

31. No application for the registration of a trade-mark may be amended where the amendment would change

  • (a) the identity of the applicant, except after recognition of a transfer by the Registrar;

  • (b) the trade-mark, except in respects that do not alter its distinctive character or affect its identity;

  • (c) the date of first use or making known in Canada of the trade-mark to an earlier date, except where the evidence proves that the change is justified by the facts;

  • (d) the application from one not alleging use or making known of the trade-mark in Canada before the filing of the application to one alleging such use or making known; or

  • (e) the statement of wares or services so as to be broader than the statement of wares or services contained in the application at the time the application was filed pursuant to section 30 of the Act.