Trade-marks Regulations (SOR/96-195)

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

• (2) Before giving notice in accordance with subsection 46(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 declaration that has been filed with the Registrar and is being relied on as evidence in the opposition.

• (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 declaration shall not be part of the evidence and shall be returned to the party who filed it.

• 45. (1) Every exhibit to an affidavit or declaration filed in an opposition shall be filed with the affidavit or declaration.

• (2) Subject to subsection (3), all materials filed in an opposition 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 46(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.

• 46. (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.

47. Where in an opposition proceeding any extension of time is granted to a party, the Registrar may thereafter grant a reasonable extension of time to the other party for the taking of any subsequent step.