Trademarks Act

Marginal note:Filing date

• 33 (1) The filing date of an application for the registration of a trademark in Canada is the day on which the Registrar has received all of the following:

  • (a) an explicit or implicit indication that the registration of the trademark is sought;

  • (b) information allowing the identity of the applicant to be established;

  • (c) information allowing the Registrar to contact the applicant;

  • (d) a representation or description of the trademark;

  • (e) a list of the goods or services for which registration of the trademark is sought;

  • (f) any prescribed fees.

• Marginal note:Outstanding items

  (2) The Registrar shall notify the applicant whose application does not contain all the items set out in subsection (1) of the items that are outstanding and require that the applicant submit them within two months of the date of the notice. Despite section 47, that period cannot be extended.

• Marginal note:Application deemed never filed

  (3) If the Registrar does not receive the outstanding items within those two months, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant.