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Trademarks Act

Version of section 37 from 2019-06-17 to 2024-05-28:


Marginal note:When applications to be refused

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

    • (a) the application does not conform to the requirements of subsection 30(2);

    • (b) the trademark is not registrable,

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

    • (d) the trademark is not distinctive.

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

  • 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 trademark, is in doubt whether the trademark claimed in the application is registrable, he shall, by registered letter, notify the owner of the registered trademark of the advertisement of the application.

  • Marginal note:Withdrawal of advertisement

    (4) If, after the application has been advertised but before the trademark is registered, the Registrar is satisfied that the application should not have been advertised or was incorrectly advertised and the Registrar considers it reasonable to do so, the Registrar may withdraw the advertisement. If the Registrar withdraws the advertisement, the application is deemed never to have been advertised.

  • R.S., 1985, c. T-13, s. 37
  • 2014, c. 20, ss. 342, 361(E)

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