Government of Canada / Gouvernement du Canada
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Trademarks Act

Version of section 37 from 2002-12-31 to 2019-06-16:

Marginal note:When applications to be refused

  •  (1) The Registrar shall refuse an application for the registration of a trade-mark if he is satisfied that

    • (a) the application does not conform to the requirements of section 30,

    • (b) the trade-mark is not registrable, or

    • (c) the applicant is not the person entitled to registration of the trade-mark because it is confusing with another trade-mark for the registration of which an application is pending,

    and where the Registrar is not so satisfied, he shall cause the application to be advertised in the manner prescribed.

  • Marginal note:Notice to applicant

    (2) The Registrar shall not refuse any application without first notifying the applicant of his objections thereto and his reasons for those objections, and giving the applicant adequate opportunity to answer those objections.

  • Marginal note:Doubtful cases

    (3) Where the Registrar, by reason of a registered trade-mark, is in doubt whether the trade-mark claimed in the application is registrable, he shall, by registered letter, notify the owner of the registered trade-mark of the advertisement of the application.

  • R.S., c. T-10, s. 36

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