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Trade Marks Regulations CRC No amendments since 1994-01-26
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| C.R.C., c. 1559 No amendments since 1994/01/26 |
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| TRADE-MARKS ACT
Trade Marks Regulations (C.R.C., c. 1559) |
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| REGULATIONS MADE UNDER THE TRADE-MARKS ACT |
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| 1. These Regulations may be cited as the Trade Marks Regulations. |
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| "Act" means the Trade Marks Act; |
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| "applicant" means the original applicant or the transferee last recognized under section 58; |
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| "Journal" means the Trade Marks Journal published in accordance with section 17; |
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| "Office" means the Office of the Registrar of Trade-marks; (Bureau) |
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| (1) All communications intended for the Office shall be addressed to the Registrar. |
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| (2) Correspondence addressed to the Registrar shall be considered to be received by the Office on the day that it is delivered to one of the following establishments, where the delivery is made during the ordinary business hours of that establishment: |
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| (1) Applications shall be prosecuted by correspondence and, unless requested by the Registrar, the personal attendance of an applicant at the Office is not necessary. |
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| (2) No regard shall be had to any oral representation or statement not confirmed by letter. SOR/94-31, s. 5. |
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| 5. Each communication addressed to the Registrar shall deal with only one subject. |
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| 6. Every address required to be furnished shall be a complete post office address and shall include a street name and number where possible. |
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| (1) Correspondence relating to an application for the registration of a trade mark shall include the name of the applicant and the number of the application. |
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| (2) Correspondence relating to a registered trade mark shall identify it by the number of its registration. |
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| (1) Correspondence on the subject of an application for the registration of a trade-mark shall be conducted with the applicant, unless a trade-mark agent |
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| 9. Every trade mark agent not resident in Canada shall, upon becoming the agent of an applicant in respect of an application, appoint a trade mark agent resident in Canada as his associate agent, and if he fails to do so within a time specified by the Registrar in a notice to him, the Registrar shall conduct further correspondence with the applicant. |
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| 12. [Revoked, SOR/83-458, s. 1] |
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| 14. Except as otherwise provided herein, all documents filed in the Office shall be typewritten on one side only of strong white paper of a size not exceeding eight inches by 13 inches with left hand and upper margins of at least one inch. SOR/94-31, s. 5. |
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| 16. There shall be a seal of the Office which the Registrar shall impress on certificates issued by him. SOR/94-31, s. 5. |
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| 17. The Registrar shall cause to be published weekly a Trade Marks Journal containing |
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| 18. Every advertisement of an application pursuant to subsection 37(1) of the Act shall include |
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| 19. The particulars published in the Journal of every registration of a trade mark made or extended under the Act shall include |
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| 20. [Revoked, SOR/93-478, s. 3] |
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| 21. The Registrar shall, upon written request, enter on a register of trade mark agents the name of |
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| (1) Any person shall be recognized as a candidate for the qualifying examination when he has served the prescribed period of employment less six months. |
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| (2) Any person who wishes to be a candidate for the qualifying examination shall submit to the Registrar an affidavit or statutory declaration by each trade mark agent under whose direction and supervision he was employed during the required period setting out fully the nature of the work done by him from time to time during such employment. |
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| (2) The third member of the examining board shall serve for a term of three years and the second member for a term of two years. |
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| (3) If any member of the examining board, other than the Registrar, is unable to act, an alternate member shall be promptly appointed in the same manner as the member was himself appointed, and if the Registrar is unable to act he shall appoint an alternate for himself. |
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| (1) If on or before July 1st in any year at least one candidate has notified the Registrar of his desire to take a qualifying examination and has paid the examination fee, such an examination shall be held during the month of October next following. |
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| (2) If a qualifying examination is to be held, the Registrar shall give notice in the first three issues of the Journal after July 20 of the date fixed for the holding of such examination, and an examination of which such notice has been given may be taken by any candidate who, not less than one month before the date fixed for the holding thereof, notifies the Registrar of his desire to take the examination and pays the examination fee. |
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| (3) The Registrar shall designate the place or places in Canada where the examination will be held, and shall notify the candidates accordingly by registered letter despatched not less than two weeks before the date fixed for the holding of the examination. |
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| (1) Between January 1st and April 1st in every year |
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| (3) If any such person or firm fails to comply with the first notice, the Registrar shall send such person or firm a second notice by mail stating that, unless the required action is taken and the notice fee is paid within one month from the date of the second notice, the name of such person or firm will be removed from the register, and the Registrar shall remove the name of such person or firm from the register unless the required action is taken and the notice fee is paid by such person or firm within such time. |
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| (1) No person is entitled to have his name remain on the register unless he continues to have the qualifications, including that of residence, by virtue of which his name was entered on the register. |
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| (2) No firm is entitled to have its name remain on the register unless the name of at least one person who is a partner in such firm is on the register. |
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| APPLICATION FOR REGISTRATION |
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| 27. A separate application shall be filed for the registration of each trade mark, but a single application is sufficient if the trade mark is used, made known or proposed to be used in association with both wares and services. |
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| 28. The date on which the Registrar has received, in respect of a trade mark, at least |
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| and, except in the case of a proposed trade mark, |
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| is, subject to section 34 of the Act, the date of filing of an application for registration of such trade mark, and the Registrar shall forthwith enter the filing date and shall number and index the application. SOR/90-699, s. 1. |
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| 29. No request for registration of a trade mark shall be open to public inspection before it has been numbered and indexed. |
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| (1) A complete application for registration of a trade mark consists of |
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| (2) The Registrar may by notice require an applicant to file a new drawing in any case in which, in the opinion of the Registrar, the drawing on file is not suitable for reproduction in the Journal. |
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| (3) If colour is claimed as a feature of the trade mark, the colour of the mark or of its elements shall be described, and if in any case such description is not clear the Registrar may by notice require the applicant to file a drawing lined for colour in accordance with the following colour chart: |
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| 34. The Registrar may require an applicant for registration of a trade mark to furnish him, for indexing purposes, with a description of the trade mark and a translation into English or French of any words in any other language appearing in the trade mark. |
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| AMENDMENT OF APPLICATIONS FOR REGISTRATION |
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| 36. An application for the registration of a trade mark may not be amended at any time |
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| 37. An application for the registration of a trade mark may not be amended after advertisement |
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| 38. The Registrar may, by certificate, correct any error in any instrument of record which he is satisfied is a clerical error. |
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| ADVERTISEMENT OF APPLICATIONS FOR REGISTRATION |
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| (1) Where the Registrar is not satisfied that an application should be refused under subsection 37(1) of the Act, he shall advertise the application in the Journal. |
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| 40. Every statement of opposition shall be filed with the Registrar in duplicate. |
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| 41. Within one month after the date on which the Registrar has forwarded to the applicant a copy of a statement of opposition pursuant to subsection 38(5) of the Act, the applicant may file a counter statement with the Registrar and, if he does, shall serve a copy upon the opponent. SOR/90-699, s. 1. |
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| 42. No amendment to a statement of opposition or counter statement shall be allowed except with leave of the Registrar upon such terms as he may think fit. |
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| 43. Within one month after the service of the counter statement, the opponent shall file with the Registrar such evidence by way of affidavit or statutory declaration as he may desire to adduce in support of his opposition or a statement that he desires to adduce no evidence, and shall serve upon the applicant a copy of such evidence or statement, as the case may be. SOR/94-31, s. 7(F). |
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| (1) No further evidence shall be adduced by any party except with leave of the Registrar upon such terms as he may think fit. |
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| (4) A transcript of the cross-examination shall be filed with the Registrar by the party carrying the order within the time fixed by the order. |
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| 47. Every exhibit to an affidavit or declaration filed in an opposition shall be filed with the affidavit or declaration and be open to inspection at the Office, and a copy, photograph or sample of such exhibit shall be sent to the other party at his request and expense unless the Registrar otherwise directs. SOR/94-31, s. 5. |
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| (1) Not less than 14 days after completion of the evidence, the Registrar shall give the parties written notice that they may, within one month after the date of that notice, file written arguments with the Registrar. |
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| (2) No written argument shall be filed after the expiration of the said period of one month except with leave of the Registrar. |
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| (3) Written arguments, if any, shall be filed in as many copies as there are parties and, at the expiration of the said period of one month, the Registrar shall forward by registered mail a copy of any argument filed to every other party. |
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| (4) Any party who desires to be heard by the Registrar shall give him written notice accordingly within 14 days after the expiration of the said period of one month, and upon receipt of such notice, the Registrar shall give the parties a written notice of hearing for a date specified therein. SOR/94-31, s. 4. |
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| 49. Where in opposition proceedings, any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, grant any reasonable extension of time to any other party in which to take any subsequent step. |
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| (1) Any statement or other material required or permitted to be served upon or forwarded to a party to opposition proceedings pursuant to section 38 of the Act or these Regulations may be served upon or forwarded to such party or his trade mark agent or representative for service either personally or by prepaid registered mail addressed to the appropriate address in Canada appearing in the statement of opposition or application, as the case may be. |
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| (2) When service or forwarding is effected by prepaid registered mail, it is deemed to be effected on the date when it is mailed. SOR/90-699, s. 1. |
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| 51. to 57. [Revoked, SOR/93-478, s. 4] |
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| (1) The Registrar shall recognize a transfer of a trade mark, which is the subject of an application for registration or is registered, upon receipt of a written request for such recognition and of |
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| (2) Upon such recognition, the Registrar shall make appropriate entries with respect to the application or register the transfer, as the case may be. SOR/90-699, s. 1. |
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| (1) Where in consequence of a transfer of a trade mark that is the subject of an application for registration, such trade mark becomes owned by one person for use in association with some of the wares or services specified in the application and by another person for use in association with others of such wares or services, then, upon the Registrar’s recognition of the transfer, each such person shall file an amendment of the application restricted to the wares or services for use in association with which he owns the trade mark. |
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| 60. Where, in consequence of a transfer, a registered trade mark becomes owned by one person for use in association with some of the wares or services specified in the registration and by another person for use in association with others of such wares or services, then, upon the registration of such transfer, each such person for all purposes of the Act shall be deemed to be a separate registered owner of the trade mark for use in association with the wares and services with respect to which he has acquired or retained ownership, and, for the purposes of section 46 of the Act, shall be deemed to have a separate registration of the trade mark. SOR/90-699, s. 1. |
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| 61. Pursuant to the provisions of paragraph 26(2)(b) of the Act, the register shall show, with reference to each registered trade mark, a summary of the application for registration as allowed which shall include as much of the following information as is applicable: |
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| 62. Pursuant to the provisions of paragraph 26(2)(f) of the Act, the register shall show with reference to each registered trade mark such other particulars as the Registrar may deem proper including as much of the following information as is applicable: |
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| 63. [Revoked, SOR/93-478, s. 5] |
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| TARIFF OF FEES PAYABLE TO THE REGISTRAR |
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| An application for registration of a trade mark |
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| [Revoked, SOR/93-478, s. 6] |
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| A statement of opposition |
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| An application to amend the registration of a trade mark by extending the statement of wares or services in respect of which the trade mark is registered |
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| An application to amend the registration of one or more trade marks by changing the address of the registered owner or of his representative for service in Canada |
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| Any other application to amend the register: for each trade mark to which the application relates |
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| A request to recognize the transfer of one or more trade marks: for each trade mark |
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| A request to renew the registration of one or more trade marks: for each trade mark |
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| A request for dispatch of one or more notices under section 44 or 45 of the Act: for each notice |
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| An application for an extension of time under subsection 47(1) or (2) of the Act for the doing of any one or more acts: for each act |
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| Each certified copy of a registration referred to in subsection 31(1) of the Act |
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| Each certified copy of an application referred to in paragraph 34(c) of the Act |
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| A request under paragraph 9(1)(n) of the Act with respect to one or more badges, crests, emblems or marks: for each badge, crest, emblem or mark |
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| A request for transmission of one or more original files to the Federal Court of Canada: for each file |
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| A trade mark, including, without further fee, the issuance ofa certificate of registration of the trade mark |
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| A certificate of authenticity |
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| Plus for each copy certified |
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| Plus for each copy certified |
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| Copies of or extracts from the register, or copies of certificates or of other documents: for each file or entry, the greater of |
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| 2.00
or 50 cents per sheet |
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| On request to enter a name on the register of trade mark agents |
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| SOR/78-674,s. 3;SOR/82-392, ss.1, 2(F);SOR/85-385, s.1; |
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| SOR/85-1041, s. 1;SOR/88-386, s. 1;SOR/90-699, s. 1;SOR/93- |
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| Application of Registration of a Trade Mark in use in Canada |
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| Application for Registration of a Trade Mark made known in Canada |
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| Application for Registration of a Trade Mark Registered and used Abroad |
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| Application for Registration of a Proposed Trade Mark |
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| Application for Registration of a Certification Mark used in Canada |
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| Application for Amendment of a Registration otherwise than to extend the Statement of Wares or Services |
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| Application for Amendment of a Registration extend the Statement of Wares or Services |
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| Statement of Opposition to an Application for Registration of a Trade Mark |
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| Counter statement to Opposition |
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| [Revoked, SOR/93-478, s. 7] |
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| Certificate of Registration of a Trade Mark |
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| Certificate of Authenticity |
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| Certificate of Renewal of the Registration of a Trade Mark |
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| Copies of these forms may be obtained on application to |
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| Registrar of Trade Marks, Ottawa. |
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| SOR/90-699, s. 1; SOR/93-478, s. 7. |
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