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Trademarks Regulations (SOR/2018-227)

Regulations are current to 2019-12-03 and last amended on 2019-06-17. Previous Versions

PART 1Rules of General Application (continued)

General (continued)

Marginal note:Extension of time — fee

 A person that applies for an extension of time under section 47 of the Act must pay the fee set out in item 1 of the schedule to these Regulations.

Marginal note:Prescribed days — extension of time periods

 The following days are prescribed for the purpose of subsection 66(1) of the Act:

  • (a) Saturday;

  • (b) Sunday;

  • (c) January 1 or, if January 1 falls on a Saturday or Sunday, the following Monday;

  • (d) Good Friday;

  • (e) Easter Monday;

  • (f) the Monday before May 25;

  • (g) June 24 or, if June 24 falls on a Saturday or Sunday, the following Monday;

  • (h) July 1 or, if July 1 falls on a Saturday or Sunday, the following Monday;

  • (i) the first Monday in August;

  • (j) the first Monday in September;

  • (k) the second Monday in October;

  • (l) November 11 or, if November 11 falls on a Saturday or Sunday, the following Monday;

  • (m) December 25 and 26 or

    • (i) if December 25 falls on a Friday, that Friday and the following Monday, and

    • (ii) if December 25 falls on a Saturday or Sunday, the following Monday and Tuesday; and

  • (n) any day on which the Office of the Registrar of Trademarks is closed to the public for all or part of that day during ordinary business hours.

Trademark Agents

List of Trademark Agents

Marginal note:Eligibility for examination

 A person is eligible to sit for a qualifying examination for trademark agents if the person meets the following requirements:

  • (a) on the first day of the examination, resides in Canada and

    • (i) has been employed for at least 24 months in the Office of the Registrar of Trademarks either on the examining staff or as a person to whom any of the Registrar’s powers, duties and functions under section 38 or 45 of the Act have been delegated,

    • (ii) has worked in Canada in the area of Canadian trademark law and practice, including in the preparation and prosecution of applications for the registration of trademarks, for at least 24 months, or

    • (iii) has worked in the area of trademark law and practice, including in the preparation and prosecution of applications for the registration of trademarks, for at least 24 months of which at least 12 were worked in Canada with the rest being worked in another country where the person was authorized to act as a trademark agent under the law of that country; and

  • (b) within two months after the day on which the notice referred to in subsection 18(2) was published,

    • (i) notifies the Registrar in writing of their intention to sit for the examination,

    • (ii) pays the fee set out in item 2 of the schedule, and

    • (iii) furnishes the Registrar with a statement indicating that they will meet the requirements set out in paragraph (a), along with supporting justifications.

Marginal note:Establishment of examining board

  •  (1) An examining board is established for the purpose of preparing, administering and marking a qualifying examination for trademark agents.

  • Marginal note:Membership

    (2) The Registrar must appoint the members of the board, at least two of whom must be trademark agents nominated by the Intellectual Property Institute of Canada.

Marginal note:Frequency of qualifying examinations

  •  (1) The examining board must administer a qualifying examination for trademark agents at least once a year.

  • Marginal note:Notice of date of examination

    (2) The Registrar must publish on the website of the Canadian Intellectual Property Office a notice that specifies the date of the next qualifying examination and indicates that a person must meet the requirements set out in section 16 in order to be eligible to sit for the examination.

  • Marginal note:Designation of place of examination

    (3) The Registrar must designate the place or places where the qualifying examination is to be held and must, at least 14 days before the first day of the examination, notify every person that has met the requirements set out in paragraph 16(b) of the designated place or places.

Marginal note:Listing of trademark agents

 The Registrar must, on written request and payment of the fee set out in item 3 of the schedule, enter on the list of trademark agents that is kept under section 28 of the Act the name of

  • (a) each resident of Canada who has passed the qualifying examination for trademark agents;

  • (b) each resident of another country who is authorized to act as a trademark agent under the law of that country; and

  • (c) each firm with at least one member who has their name entered on the list as a trademark agent.

Marginal note:Maintenance of name on list

  •  (1) During the period beginning on January 1 and ending on March 31 of each year,

    • (a) a resident of Canada whose name is on the list of trademark agents must, to maintain their name on the list, pay the fee set out in item 4 of the schedule;

    • (b) a resident of another country whose name is on that list must, to maintain their name on the list, file a declaration, signed by them, indicating their country of residence and that they are authorized to act as a trademark agent under the law of that country; and

    • (c) a firm whose name is on that list must, to maintain its name on the list, file a declaration, signed by one of its members whose name is on the list, indicating all of its members whose names are on the list.

  • Marginal note:Removal from list

    (2) The Registrar must remove from the list of trademark agents the name of any trademark agent that

    • (a) fails to comply with subsection (1); or

    • (b) no longer meets the requirements under which their name was entered on the list unless the trademark agent is a person referred to in paragraph 19(a) or (b) or a firm referred to in paragraph 19(c).

Marginal note:Reinstatement

 If the name of a trademark agent has been removed from the list of trademark agents under subsection 20(2), it may be reinstated if the trademark agent

  • (a) applies to the Registrar, in writing, for reinstatement within one year after the day on which their name was removed from the list; and

  • (b) as the case may be,

    • (i) is a person referred to in paragraph 19(a) and pays the fees set out in items 4 and 5 of the schedule,

    • (ii) is a person referred to in paragraph 19(b) and files the declaration referred to in paragraph 20(1)(b), or

    • (iii) is a firm referred to in paragraph 19(c) and files the declaration referred to in paragraph 20(1)(c).

Representation

Marginal note:Power to appoint trademark agent

  •  (1) An applicant, registered owner or other person may appoint a trademark agent to represent them in any business before the Office of the Registrar of Trademarks.

  • Marginal note:Requirement to appoint associate trademark agent

    (2) A trademark agent that does not reside in Canada must appoint a trademark agent that resides in Canada as an associate trademark agent to represent the person that appointed them in any business before the Office of the Registrar of Trademarks.

  • Marginal note:Power to appoint associate trademark agent

    (3) A trademark agent that resides in Canada, other than an associate trademark agent, may appoint another trademark agent that resides in Canada as an associate trademark agent to represent the person that appointed them in any business before the Office of the Registrar of Trademarks.

Marginal note:Notice of appointment or revocation

 The appointment of a trademark agent or the revocation of such an appointment is effective starting on the day on which the Registrar receives notice of the appointment or revocation, including, in the case of an appointment, the postal address of the trademark agent.

 
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