Trademarks Act

Marginal note:Registration of trade-marks

• 40 (1) When an application for registration of a trade-mark, other than a proposed trade-mark, is allowed, the Registrar shall register the trade-mark and issue a certificate of its registration.

• Marginal note:Proposed trade-mark

  (2) When an application for registration of a proposed trade-mark is allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and issue a certificate of registration on receipt of a declaration that the use of the trade-mark in Canada, in association with the goods or services specified in the application, has been commenced by

  • (a) the applicant;

  • (b) the applicant’s successor in title; or

  • (c) an entity that is licensed by or with the authority of the applicant to use the trade-mark, if the applicant has direct or indirect control of the character or quality of the goods or services.

• Marginal note:Abandonment of application

  (3) An application for registration of a proposed trade-mark shall be deemed to be abandoned if the Registrar has not received the declaration referred to in subsection (2) before the later of

  • (a) six months after the notice by the Registrar referred to in subsection (2), and

  • (b) three years after the date of filing of the application in Canada.

• Marginal note:Form and effect

  (4) Registration of a trade-mark shall be made in the name of the applicant therefor or his transferee, and the day on which registration is made shall be entered on the register, and the registration takes effect on that day.

• Marginal note:Section 34 does not apply

  (5) For the purposes of subsection (3), section 34 does not apply in determining when an application for registration is filed.