32. 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.

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• (2) [Repealed, SOR/2003-209, s. 2]

34. 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.

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

36. 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.

• 37. (1) Any statement or other material required to be served on a party in an opposition proceeding under section 38 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.