Trademarks Act

Marginal note:Amendments to register

• 41 (1) The Registrar may, on application by the registered owner of a trademark made in the prescribed manner and on payment of the prescribed fee, make any of the following amendments to the register:

  • (a) correct any error or enter any change in the name, address or description of the registered owner;

  • (b) cancel the registration of the trademark;

  • (c) amend the statement of the goods or services in respect of which the trademark is registered;

  • (d) amend the particulars of the defined standard that the use of a certification mark is intended to indicate;

  • (e) enter a disclaimer that does not in any way extend the rights given by the existing registration of the trademark; or

  • (f) subject to the regulations, merge registrations of the trademark that stem, under section 39, from the same original application.

• Marginal note:Conditions

  (2) An application to extend the statement of goods or services in respect of which a trademark is registered has the effect of an application for registration of the trademark in respect of the goods or services specified in the application for amendment.

• Marginal note:Obvious error

  (3) The Registrar may, within six months after an entry in the register is made, correct any error in the entry that is obvious from the documents relating to the registered trademark in question that are, at the time that the entry is made, on file in the Registrar’s office.

• Marginal note:Removal of registration

  (4) The Registrar may, within three months after the registration of a trademark, remove the registration from the register if the Registrar registered the trademark without considering a previously filed request for an extension of time to file a statement of opposition.