GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Regulations — 85
Circumstances — deemed withdrawal of objection 85 For the purpose of subsection 11.13(6) of the Act, the circumstances under which the objector’s not submitting and serving evidence or a statement referred to in that subsection results in their objection being deemed to have been withdrawn are that neither that evidence nor that statement has been submitted and served by the objector by the end of the four-month period referred to in section 84 of these Regulations.
Trademarks Regulations — 86
Timing of responsible authority’s evidence 86 (1) The responsible authority may submit evidence referred to in subsection 11.13(5) of the Act to the Registrar within a period of four months after the day on which the objector’s service under section 84 of these Regulations is effective. Timing of service (2) For the purpose of subsection 11.13(5.1) of the Act, the time within which the responsible authority must serve that evidence on the objector is during that four-month period. Statement of responsible authority (3) If the responsible authority does not wish to submit evidence, they may submit a statement to that effect to the Registrar within the four-month period referred to in subsection (1) and, if so, they must serve it on the objector within that period.
Trademarks Regulations — 87
Non-application of subsection 11.13(5) of Act — circumstances 87 For the purpose of paragraph 11.13(5)(a) of the Act, the circumstances under which the responsible authority’s not submitting evidence or a statement that they do not wish to submit evidence results in the loss of the opportunity to submit evidence and to make representations to the Registrar are that neither that evidence nor that statement has been submitted and served by the responsible authority by the end of the four-month period referred to in section 86 of these Regulations.
Trademarks Regulations — 88
Circumstances — indication or translation not entered on list 88 For the purpose of subsection 11.13(6.1) of the Act, the circumstances under which the responsible authority’s not submitting and serving evidence or a statement that they do not wish to submit evidence results in the indication or the translation not being entered on the list are that neither that evidence nor that statement has been submitted and served by the responsible authority by the end of the four-month period referred to in section 86 of these Regulations.
Trademarks Regulations — 89
Reply evidence — timing 89 Within one month after the day on which the service on the objector under section 86 is effective, the objector may submit to the Registrar reply evidence and, if so, they must serve it on the responsible authority within that one-month period.
Trademarks Regulations — 90
Additional evidence 90 (1) A party may submit additional evidence with leave of the Registrar on terms that the Registrar considers to be appropriate. Interests of justice (2) The Registrar must grant leave under subsection (1) if it is in the interests of justice to do so.
Trademarks Regulations — 91
Ordering of cross-examination 91 (1) On the application of a party made before the Registrar gives notice in accordance with subsection 92 (1), the Registrar must order the cross-examination under oath or solemn affirmation, within the period specified by the Registrar, of any affiant or declarant on an affidavit or statutory declaration that has been submitted to the Registrar as evidence in the objection proceeding. Conduct of cross-examination (2) The cross-examination is to be conducted as agreed to by the parties or, in the absence of an agreement, as specified by the Registrar. Transcript and undertakings (3) Within the period specified by the Registrar for conducting the cross-examination, (a) the party that conducted the cross-examination must submit to the Registrar and serve on the other party the transcript of the cross-examination and exhibits to the cross-examination; and (b) the party that was cross-examined must submit to the Registrar and serve on the other party any information, document or material that they undertook to provide in the course of the cross-examination. Inadmissibility in absence of cross-examination (4) An affidavit or statutory declaration is not to be part of the evidence if an affiant or declarant declines or fails to attend for cross-examination.
Trademarks Regulations — 92
Written representations 92 (1) After all evidence has been filed, the Registrar must give the parties notice that they may submit written representations to the Registrar. Timing of objector’s written representations (2) The objector may submit written representations to the Registrar within a period of two months after the date of that notice. Timing of service (3) For the purpose of subsection 11.13(5.1) of the Act, the time within which the objector must serve their written representations on the responsible authority is during that two-month period. Statement of objector (4) If the objector does not wish to submit written representations, they may submit a statement to that effect to the Registrar within the two-month period referred to in subsection (2) and, if so, they must serve it on the responsible authority within that period. Timing of responsible authority’s written representations (5) The responsible authority may submit written representations to the Registrar within the following period: (a) if service referred to in subsection (3) or (4), as the case may be, is effective within the two-month period referred to in that subsection, two months after the day on which that service is effective; and (b) in any other case, two months after the end of the two-month period referred to in subsection (2). Timing of service (6) For the purpose of subsection 11.13(5.1) of the Act, the time within which the responsible authority must serve their written representations on the objector is during the two-month period determined under subsection (5) of this section for their submission of written representations. Statement of responsible authority (7) If the responsible authority does not wish to submit written representations, they may submit a statement to that effect to the Registrar within the two-month period determined under subsection (5) for their submission of written representations and, if so, they must serve it on the objector within that period.
Trademarks Regulations — 93
Request for hearing 93 (1) Within one month after the day on which the responsible authority’s service on the objector of written representations or of a statement that the responsible authority does not wish to make written representations is effective — or, if no such service is effective within the two-month period determined under subsection 92 (5) for their submission of written representations, within one month after the end of that two-month period — a party that wishes to make representations to the Registrar at a hearing must file with the Registrar a request that indicates (a) whether they intend to make representations in English or French and whether they will require simultaneous interpretation if the other party makes representations in the other official language; and (b) whether they wish to make representations in person, by telephone, by video conference or by another means of communication offered by the Registrar, and that sets out any information necessary to permit the use of the chosen means of communication. When representations may be made (2) A party may make representations at the hearing only if they file a request in accordance with subsection (1). Changes (3) If a party, at least one month before the date of the hearing, notifies the Registrar of changes to be made in respect of any of the information provided under subsection (1), the Registrar must modify the administrative arrangements for the hearing accordingly.
Trademarks Regulations — 93.1
Costs 93.1 (1) The Registrar may, on request, award costs against a party to an objection proceeding in the following amounts: (a) in the case where the party withdraws a request for a hearing less than 14 days before the day on which the hearing is scheduled to take place, an amount that is two times the fee set out in item 15 of the schedule to these Regulations for filing a statement of objection under subsection 11.13(1) of the Act; or (b) in the case where the party engages in unreasonable conduct that causes undue delay or expense in the proceeding, an amount that is five times the fee set out in item 15 of the schedule to these Regulations for filing a statement of objection under subsection 11.13(1) of the Act. Restriction (2) The Registrar must not award costs if the objection proceeding is ended before the final decision is issued. Non-application (3) Subsection (1) does not apply if (a) in the circumstances referred to in paragraph (1)(a), the hearing is scheduled to take place on or before the day on which this section comes into force or within 14 days after that day; or (b) in the circumstances referred to in paragraph (1)(b), the unreasonable conduct occurs before the day on which this section comes into force. SOR/2025-19, s. 5
Trademarks Regulations — 93.2
Request for costs 93.2 (1) A request by a party that costs be awarded must be filed using the online service that is designated by the Registrar as being accepted for that purpose and must specify the reasons for the request and the circumstances for which costs are sought. Timing of request (2) The request for costs must be filed (a) in the case where a party has filed a request for a hearing under subsection 93(1), within 14 days after the day on which the hearing ends or within 14 days after the day on which the Registrar notifies the parties that the hearing has been cancelled; or (b) in any other case, within 14 days after the end of the one-month period for filing a request for a hearing under subsection 93(1). SOR/2025-19, s. 5
Trademarks Regulations — 93.3
Representations 93.3 The Registrar must give the other party notice of the request for costs and an opportunity to make written representations, which must, within 14 days after the day on which the notice is given, be made using the online service that is designated by the Registrar as being accepted for that purpose. SOR/2025-19, s. 5
Trademarks Regulations — 94
Fee for certified copies 94 (1) A person that requests a certified copy of a document that is in the Registrar’s possession must pay the fee set out in item 16 or 17 of the schedule, as applicable. Exception (2) Subsection (1) does not apply in respect of a certified copy that is transmitted under section 60 of the Act or rule 318 of the Federal Courts Rules , including as modified by rule 350 of those Rules.
Trademarks Regulations — 95
Fee for non-certified copies 95 A person that requests a non-certified copy of a document that is in the Registrar’s possession must pay the fee set out in item 18 or 19 of the schedule, as applicable.
Trademarks Regulations — 95.1
Confidentiality order 95.1 (1) A party to a proceeding under section 11.13, 38 or 45 of the Act who makes a request to the Registrar under subsection 45.1(1) of the Act for an order that evidence be kept confidential must submit the following information to the Registrar: (a) a description of the evidence that the party wishes to be kept confidential; (b) a statement that the evidence has not been made public; (c) the reasons why the evidence should be kept confidential; (d) an indication of whether the other party consents to the request; and (e) any other information that the Registrar requires in order to make a decision with respect to the request. Public interest (2) In deciding whether to make a confidentiality order under subsection 45.1(4) of the Act, the Registrar must consider the public interest in open and accessible proceedings. Confidential designation (3) A party who submits information to the Registrar that is subject to a confidentiality order must ensure that the information is designated as confidential. Revocation or amendment of order (4) For greater certainty, at any time in the proceeding, the Registrar may, under subsection 45.1(4) of the Act, amend the confidentiality order if the Registrar considers it appropriate in the circumstances or revoke it if the Registrar is no longer satisfied that the evidence should be kept confidential. SOR/2025-19, s. 6
Trademarks Regulations — 95.2
Orders and directions 95.2 The Registrar may, as the circumstances and considerations of fairness permit, make any order or give any direction that the Registrar considers appropriate to deal with a proceeding under section 11.13, 38 or 45 of the Act in an efficient and cost-effective manner. SOR/2025-19, s. 6
Trademarks Regulations — 95.3
Case management 95.3 (1) The Registrar may, at any time in a proceeding under section 11.13, 38 or 45 of the Act, designate the proceeding as a case-managed proceeding to which this section applies, subject to any terms that the Registrar considers appropriate. Circumstances to be considered (2) In determining whether to designate a proceeding as a case-managed proceeding, the Registrar must consider all the surrounding circumstances, including (a) the extent of intervention by the Registrar that the proceeding is likely to require for matters to be dealt with in an efficient and cost-effective manner; (b) the nature and extent of evidence; (c) the complexity of the proceeding; (d) whether the parties are represented; (e) the number of related files; and (f) whether substantial delay has occurred or is anticipated to occur in the conduct of the proceeding. Time and manner (3) The Registrar may fix the time by which or the manner in which any step in a case-managed proceeding is to be completed, despite any time or manner that is provided for under the Act with respect to the proceeding. SOR/2025-19, s. 6
Trademarks Regulations — 96
Interpretation 96 The following definitions apply in this Part. basic application means an application for the registration of a trademark that has been filed under subsection 30(1) of the Act and that constitutes the basis for an application for international registration, but does not include a Protocol application. ( demande de base ) basic registration means a registration of a trademark that is on the register and that constitutes the basis for an application for international registration, but does not include a Protocol registration. ( enregistrement de base ) Common Regulations means the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement, as modified from time to time. ( Règlement d’exécution commun ) contracting party means any state or intergovernmental organization that is a party to the Protocol. ( partie contractante ) date of international registration means the date borne by an international registration under Rule 15 of the Common Regulations. ( date de l’enregistrement international ) date of notification of territorial extension means the day on which the International Bureau notifies the Registrar of a request made under Article 3 ter (1) or (2) of the Protocol. ( date de la notification d’extension territoriale ) holder means the person in whose name an international registration is recorded in the International Register. ( titulaire ) opposition period means the two-month period referred to in subsection 38(1) of the Act. ( délai d’opposition ) Protocol means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989, including any amendments, modifications and revisions made from time to time to which Canada is a party. ( Protocole ) Protocol application means an application referred to in subsection 103 (1) or (2) or a divisional application referred to in subsection 124 (1). ( demande prévue au Protocole ) Protocol registration means the registration of a trademark under subsection 132 (1). ( enregistrement prévu au Protocole )
Trademarks Regulations — Trademarks Regulations
basic application means an application for the registration of a trademark that has been filed under subsection 30(1) of the Act and that constitutes the basis for an application for international registration, but does not include a Protocol application. ( demande de base )
Trademarks Regulations — Trademarks Regulations
basic registration means a registration of a trademark that is on the register and that constitutes the basis for an application for international registration, but does not include a Protocol registration. ( enregistrement de base )
Trademarks Regulations — Trademarks Regulations
Common Regulations means the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement, as modified from time to time. ( Règlement d’exécution commun )
Trademarks Regulations — Trademarks Regulations
contracting party means any state or intergovernmental organization that is a party to the Protocol. ( partie contractante )
Trademarks Regulations — Trademarks Regulations
date of international registration means the date borne by an international registration under Rule 15 of the Common Regulations. ( date de l’enregistrement international )
Trademarks Regulations — Trademarks Regulations
date of notification of territorial extension means the day on which the International Bureau notifies the Registrar of a request made under Article 3 ter (1) or (2) of the Protocol. ( date de la notification d’extension territoriale )
Trademarks Regulations — Trademarks Regulations
holder means the person in whose name an international registration is recorded in the International Register. ( titulaire )
Trademarks Regulations — Trademarks Regulations
opposition period means the two-month period referred to in subsection 38(1) of the Act. ( délai d’opposition )
Trademarks Regulations — Trademarks Regulations
Protocol means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989, including any amendments, modifications and revisions made from time to time to which Canada is a party. ( Protocole )
Trademarks Regulations — Trademarks Regulations
Protocol application means an application referred to in subsection 103 (1) or (2) or a divisional application referred to in subsection 124 (1). ( demande prévue au Protocole )
Trademarks Regulations — Trademarks Regulations
Protocol registration means the registration of a trademark under subsection 132 (1). ( enregistrement prévu au Protocole )
Trademarks Regulations — 97
Non-application of section 66 of Act 97 (1) Section 66 of the Act does not apply in respect of periods fixed by this Part, except (a) the two-month period fixed by subsections 117 (2) and (3) of these Regulations; (b) the maximum four-month extension fixed by section 125 of these Regulations; and (c) the three-month period fixed by section 147 of these Regulations. Application of Rule 4(4) of Common Regulations (2) Rule 4(4) of the Common Regulations applies to all periods fixed by this Part other than those referred to in paragraphs (1)(a) to (c) of this section.
Trademarks Regulations — 98
Conditions 98 A person may file with the Registrar an application for international registration of a trademark for presentation to the International Bureau if they meet the following conditions: (a) the person is a national of or is domiciled in Canada or has a real and effective industrial or commercial establishment in Canada; and (b) the person is the applicant in respect of a basic application for the trademark or, if there is a basic registration in respect of the trademark, the registered owner of the trademark.
Trademarks Regulations — 99
Contents 99 (1) Every application for international registration filed with the Registrar must include the following information: (a) the applicant’s name and postal address; (b) the number and filing date of the basic application or the number and date of registration of the basic registration; (c) a statement that (i) the applicant is a national of Canada, (ii) the applicant is domiciled in Canada, accompanied by the address of the applicant’s domicile in Canada if the address filed under paragraph (a) is not in Canada, or (iii) the applicant has a real and effective industrial or commercial establishment in Canada, accompanied by the address of the applicant’s industrial or commercial establishment in Canada if the address filed under paragraph (a) is not in Canada; (d) if colour is claimed as a feature of the trademark in the basic application or basic registration, the same claim; (e) a reproduction of the trademark, which must be in colour if the trademark is in colour in the basic application or basic registration or if colour is claimed as a feature of the trademark in the basic application or the basic registration; (f) if the trademark in the basic application or basic registration is a certification mark, it consists in whole or in part of a three-dimensional shape or a sound or it consists exclusively of a single colour or a combination of colours without delineated contours, an indication to that effect; (g) a list of the goods or services for which international registration is sought that must (i) include only goods or services that are within the scope of the basic application or basic registration, and (ii) group the goods or services according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification; and (h) the names of the contracting parties for which the extension of protection is requested under Article 3 ter (1) of the Protocol. Language (2) The application, with the exception of the trademark itself, must be in English or French. Manner of filing (3) The application must be filed by (a) using the online service that is designated by the Registrar as being accepted for that purpose; or (b) completing the form issued by the International Bureau and providing it to the Registrar by an electronic means specified by the Registrar.
Trademarks Regulations — 100
Office of origin 100 On receipt of an application for international registration that is filed in accordance with section 99 by a person that meets the conditions set out in section 98 , the Registrar must, in respect of that application, act as the Office of origin in accordance with the Protocol and the Common Regulations, including by (a) certifying that the information included in the application for international registration corresponds to the information included in the basic application or basic registration; (b) presenting the application for international registration to the International Bureau; and (c) in the case that the application for international registration results in an international registration, notifying the International Bureau to the following effect: (i) if, in respect of all or any of the goods or services listed in the international registration, the basic application is withdrawn, abandoned or refused or the basic registration is cancelled or expunged before the end of five years after its date of international registration, and (ii) if a proceeding that began before the end of that five-year period leads, in respect of all or any of the goods or services listed in the international registration, to the withdrawal, abandonment or refusal of the basic application or to the cancellation or expungement of the basic registration after that period.