Trade-marks Regulations (SOR/96-195)

Regulations are current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

AMENDMENT OF APPLICATION FOR REGISTRATION

 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.

 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.

 No application for the registration of a trade-mark may be amended, after it has been advertised in the Journal, to change

  • (a) the trade-mark in any manner whatsoever;

  • (b) the date of first use or making known in Canada of the trade-mark;

  • (c) the application from one alleging use or making known to one for a proposed trade-mark;

  • (d) the application from one that does not allege that the trade-mark has been used and registered in or for a country of the Union to one that does so allege; 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 of advertisement.

  • SOR/99-292, s. 3.
  •  (1) The Registrar may correct a clerical error in any instrument of record where

    • (a) the clerical error is discovered by the Registrar; or

    • (b) a request for correction is made by an applicant, registered owner or trade-mark agent of the applicant or registered owner.

  • (2) [Repealed, SOR/2003-209, s. 2]

  • SOR/2003-209, s. 2.

ADVERTISEMENT OF APPLICATION FOR REGISTRATION

 Where the Registrar is not satisfied that an application for registration of a trade-mark should be refused pursuant to subsection 37(1) of the Act, the Registrar shall advertise the particulars of the application in the Journal.

OPPOSITION

 A person who corresponds with the Registrar in respect of an opposition proceeding shall clearly state that the correspondence relates to the opposition proceeding.

 After the Registrar has forwarded a copy of a statement of opposition to the applicant in accordance with subsection 38(5) of the Act, a party corresponding with the Registrar shall forward a copy of any correspondence in respect of the opposition, with the exception of a written argument filed pursuant to subsection 46(3), to the other party in the opposition proceeding.