Government of Canada / Gouvernement du Canada
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Trademarks Act

Version of section 39 from 2002-12-31 to 2019-06-16:

Marginal note:When application to be allowed

  •  (1) When an application for the registration of a trade-mark either has not been opposed and the time for the filing of a statement of opposition has expired or it has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall allow the application or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal.

  • Marginal note:No extension of time

    (2) Subject to subsection (3), the Registrar shall not extend the time for filing a statement of opposition with respect to any application that has been allowed.

  • Marginal note:Exception

    (3) Where the Registrar has allowed an application without considering a previously filed request for an extension of time to file a statement of opposition, the Registrar may withdraw the application from allowance at any time before issuing a certificate of registration and, in accordance with section 47, extend the time for filing a statement of opposition.

  • R.S., 1985, c. T-13, s. 39
  • 1993, c. 15, s. 67

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