Trademarks Act (R.S.C., 1985, c. T-13)

Marginal note:Appeal

• 56 (1) An appeal lies to the Federal Court from any decision of the Registrar under this Act within two months from the date on which notice of the decision was dispatched by the Registrar or within such further time as the Court may allow, either before or after the expiration of the two months.

• Marginal note:Procedure

  (2) An appeal under subsection (1) shall be made by way of notice of appeal filed with the Registrar and in the Federal Court.

• Marginal note:Notice to owner

  (3) The appellant shall, within the time limited or allowed by subsection (1), send a copy of the notice by registered mail to the registered owner of any trademark that has been referred to by the Registrar in the decision complained of and to every other person who was entitled to notice of the decision.

• Marginal note:Public notice

  (4) The Federal Court may direct that public notice of the hearing of an appeal under subsection (1) and of the matters at issue therein be given in such manner as it deems proper.

• Marginal note:Additional evidence

  (5) On an appeal under subsection (1), evidence in addition to that adduced before the Registrar may be adduced and the Federal Court may exercise any discretion vested in the Registrar.