GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Regulations — 30
Representation or description 30 The following requirements are prescribed for the purpose of paragraph 30(2)(c) of the Act: (a) a representation may contain more than one view of the trademark only if the multiple views are necessary for the trademark to be clearly defined; (b) a two-dimensional representation must not exceed 8 cm by 8 cm; (c) if the trademark consists in whole or in part of a three-dimensional shape, a representation must be a two-dimensional graphic or photographic representation; (d) if colour is claimed as a feature of the trademark or if the trademark consists exclusively of a single colour or a combination of colours without delineated contours, a visual representation must be in colour; (e) if colour is not claimed as a feature of the trademark or if the trademark does not consist exclusively of a single colour or a combination of colours without delineated contours, a visual representation must be in black and white; (f) if the trademark consists in whole or in part of a sound, a representation must include a recording of the sound in a format that is designated by the Registrar as being accepted for that purpose; and (g) a description must be clear and concise.
Trademarks Regulations — 31
Contents 31 The following information and statements are prescribed for the purpose of paragraph 30(2)(d) of the Act: (a) the applicant’s name and postal address; (b) if the trademark consists in whole or in part of characters other than Latin characters, a transliteration of those other characters into Latin characters following the phonetics of the language of the application; (c) if the trademark consists in whole or in part of numerals other than Arabic or Roman numerals, a transliteration of those other numerals into Arabic numerals; (d) a translation into English or French of any words in any other language that are contained in the trademark; (e) if the trademark consists in whole or in part of a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture or the positioning of a sign, a statement to that effect; (f) if colour is claimed as a feature of the trademark, a statement to that effect, along with the name of each colour claimed and an indication of the principal parts of the trademark that are in that colour; (g) if the trademark consists exclusively of a single colour or a combination of colours without delineated contours, a statement to that effect, along with the name of each colour; and (h) if the trademark is a certification mark, a statement to that effect.
Trademarks Regulations — 32
Fee 32 (1) A person that files an application for the registration of a trademark, other than a Protocol application as defined in section 96 or a divisional application, must pay the applicable fee set out in item 7 of the schedule. Fee for divisional application (2) A person that files a divisional application that does not stem from a Protocol application as defined in section 96 must pay the applicable fee set out in item 7 of the schedule for (a) in the case that the corresponding original application is itself a divisional application, (i) if the filed divisional application stems from a series of divisional applications, the original application from which the series stems, and (ii) if the filed divisional application does not stem from a series of divisional applications, the original application from which the corresponding original application stems; and (b) in any other case, the corresponding original application. Deemed payment of fees (3) If all or part of the applicable fee set out in item 7 of the schedule is paid in respect of an application, the applicable fee referred to in that item, or part of it, as the case may be, is deemed to have been paid for (a) when that application is itself a divisional application, (i) in the case that it stems from a series of divisional applications, the original application from which stems the series and every divisional application that stems from that original application, and (ii) in the case that it does not stem from a series of divisional applications, its corresponding original application and every divisional application that stems from it; and (b) when that application is not itself a divisional application, every divisional application that stems from it. Fees for filing date (4) For the purpose of paragraph 33(1)(f) of the Act, the prescribed fees are those fees set out in subparagraphs 7(a)(i) and (b)(i) of the schedule to these Regulations.
Trademarks Regulations — 33
Time of filing 33 (1) For the purpose of paragraph 34(1)(b) of the Act, a request for priority must be filed within six months after the filing date of the application on which the request is based. Time and manner of withdrawal (2) For the purpose of subsection 34(4) of the Act, a request for priority may be withdrawn by filing a request to that effect before the application is advertised under subsection 37(1) of the Act.
Trademarks Regulations — 34
Time for remedying default 34 For the purpose of section 36 of the Act, the time within which a default in the prosecution of an application may be remedied is two months after the date of the notice of the default.
Trademarks Regulations — 35
Before registration 35 (1) An application for the registration of a trademark may be amended before the trademark is registered. Exceptions (2) Despite subsection (1), the application must not be amended (a) to change the identity of the applicant, unless the change results from the recording of a transfer of the application by the Registrar or, in the case of an application other than a Protocol application as defined in section 96 , to correct an error in the applicant’s identification; (b) to change the representation or description of the trademark, unless the application has not been advertised under subsection 37(1) of the Act and the trademark remains substantially the same; (c) to broaden the scope of the statement of the goods or services contained in the application beyond the scope of (i) that statement on the filing date of the application, determined without taking into account section 34 of the Act or subsection 106(2) of these Regulations, (ii) the narrower of that statement as advertised under subsection 37(1) of the Act and that statement as amended after that advertisement, and (iii) in the case of a Protocol application as defined in section 96 , the list of goods or services, in respect of Canada, contained — at the time of the amendment, if it were made — in the international registration on which the application is based; (d) to add an indication that it is a divisional application; (e) to add or delete a statement referred to in paragraph 31 (b) of the Act or paragraph 31 (e), (f) or (g) of these Regulations, unless the application has not been advertised under subsection 37(1) of the Act and the trademark remains substantially the same; or (f) after the application is advertised under subsection 37 (1) of the Act, to add or delete a statement referred to in paragraph 31 (h) of these Regulations. Exceptions to exceptions (3) Despite subsection (2), an amendment referred to in that subsection may be made in accordance with section 107 , 111 , 114 or 117 . SOR/2019-116, s. 1
Trademarks Regulations — 36
Fee 36 A person that requests the recording under subsection 48(3) of the Act of the transfer of an application for the registration of a trademark must pay the fee set out in item 8 of the schedule to these Regulations.
Trademarks Regulations — 37
Required information 37 The Registrar must not record the transfer of an application for the registration of a trademark under subsection 48(3) of the Act unless the Registrar has been provided with the transferee’s name and postal address.
Trademarks Regulations — 38
Effect of transfer — separate applications 38 If the transfer to a person of an application for the registration of a trademark is, under subsection 48(3) of the Act or section 146 of these Regulations, recorded in respect of at least one but not all of the goods or services specified in the initial application, (a) that person is deemed to be the applicant in respect of a separate application; (b) the separate application is deemed to have the same filing date as that initial application; and (c) any action taken, before the day on which the transfer is recorded, in relation to the initial application is deemed to have been taken in relation to that separate application.
Trademarks Regulations — 39
Manner of identifying corresponding original application 39 For the purpose of subsection 39(2) of the Act, the corresponding original application must be identified in a divisional application by means of its application number, if known.
Trademarks Regulations — 40
Steps deemed taken 40 Any action taken in respect of the corresponding original application, on or before the day on which the divisional application is filed, is deemed to be an action taken in respect of the divisional application, except (a) an amendment of the statement of the goods or services contained in the original application; and (b) the payment of the applicable fee set out in item 7 of the schedule to these Regulations. SOR/2019-116, s. 2
Trademarks Regulations — 41
Manner 41 For the purpose of subsection 37(1) of the Act, an application is advertised by publishing on the website of the Canadian Intellectual Property Office (a) the application number; (b) the name and postal address of the applicant and of the applicant’s trademark agent, if any; (c) any representation or description of the trademark contained in the application; (d) if the trademark is in standard characters, a note to that effect; (e) if the trademark is a certification mark, a note to that effect; (f) the filing date of the application; (g) if the applicant filed a request for priority in accordance with paragraph 34(1)(b) of the Act, the filing date and country or office of filing of the application on which the request for priority is based; (h) the statement of the goods or services in association with which the trademark is used or proposed to be used, grouped 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; (i) any disclaimer made under section 35 of the Act; and (j) if the Registrar has restricted the registration to a defined territorial area in Canada under subsection 32(2) of the Act, a note to that effect.
Trademarks Regulations — 42
Fee 42 For the purpose of subsection 38(1) of the Act, the fee to be paid for filing a statement of opposition is that set out in item 9 of the schedule to these Regulations.
Trademarks Regulations — 43
Correspondence 43 A person that corresponds with the Registrar in respect of an opposition proceeding must clearly indicate that the correspondence relates to that proceeding.
Trademarks Regulations — 44
Forwarding copies of documents 44 A party to an opposition proceeding that, on a given day, after the Registrar has forwarded a copy of the statement of opposition to the applicant under subsection 38(5) of the Act, provides to the Registrar a document, other than a document that they are otherwise required to serve, that relates to that proceeding must, on that day, forward a copy of it to the other party.
Trademarks Regulations — 45
Service on representative of applicant 45 Unless they have appointed a trademark agent, an applicant may in their counter statement under subsection 38(7) of the Act set out, or may file with the Registrar and serve on the opponent a separate notice setting out, the name and address in Canada of a person on whom or a firm on which service of any document in respect of the opposition may be made with the same effect as if it had been served on the applicant.
Trademarks Regulations — 46
Manner of service 46 (1) Service of a document in respect of an opposition proceeding must be effected (a) by personal service in Canada; (b) by registered mail to an address in Canada; (c) by courier to an address in Canada; (d) by the sending of a notice to the other party advising that the document to be served has been filed with or provided to the Registrar, if the party seeking to effect service does not have the information necessary to serve the other party in accordance with any of paragraphs (a) to (c); or (e) in any manner that is agreed to by the parties. Service on trademark agent (2) If a party to be served appoints a trademark agent in respect of an opposition proceeding, (a) that agent is deemed to replace any person or firm set out in a statement of opposition, counter statement or notice as a person on whom or a firm on which service of any document in respect of the opposition may be made with the same effect as if it had been served on the party directly; and (b) service must be effected on that agent unless the parties agree otherwise. Effective date of service (3) Subject to subsections (4) to (7) and (10), service is effective on the day on which the document is delivered. Exception — service by registered mail (4) Service by registered mail is effective on the day on which the document is mailed. Exception — service by courier (5) Service by courier is effective on the day on which the document is provided to the courier. Exception — service by electronic means (6) Service by an electronic means is effective on the day on which the document is transmitted. Exception — service by sending of notice (7) Service by the sending of a notice under paragraph (1)(d) is effective on the day on which the notice is sent. Notice of manner and date of service (8) The party effecting service must notify the Registrar of the manner of service and the effective date of service. Proof of service (9) A party that serves a document must, on request of the Registrar, provide proof of service within one month after the date of the request. If proof of service is not provided within that month, the document is deemed not to have been served. Validity of irregular service (10) Service of a document other than in accordance with subsection (1) is nonetheless valid if the Registrar determines that the document has been provided to the party being served and informs the parties of that determination. The service is effective on the day on which the document was provided to the party being served. SOR/2021-130, s. 5
Trademarks Regulations — 47
Counter statement — timing 47 For the purpose of subsection 38(7) of the Act, the time is two months.
Trademarks Regulations — 48
Amendment 48 (1) No amendment to a statement of opposition or counter statement may be made except 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 — 49
Manner of submitting evidence 49 Evidence in respect of an opposition proceeding, other than evidence referred to in subsection 56 (3) of these Regulations, is to be submitted to the Registrar by way of affidavit or statutory declaration. However, if the evidence consists of a document or extract from a document that is in the official custody of the Registrar, it may be submitted by way of a certified copy referred to in section 54 of the Act.
Trademarks Regulations — 50
Timing of opponent’s evidence 50 (1) The opponent may submit evidence referred to in subsection 38(8) of the Act to the Registrar within a period of four months after the day on which the applicant’s service on the opponent of a copy of the counter statement is effective. Timing of service (2) For the purpose of subsection 38(9) of the Act, the time within which the opponent must serve that evidence on the applicant is during that four-month period. Opponent’s statement (3) If the opponent does not wish to submit evidence referred to in subsection 38(8) of the Act, they may submit a statement to that effect to the Registrar within the four-month period referred to in subsection (1) of this section and, if so, they must serve it on the applicant within that period.
Trademarks Regulations — 51
Circumstances — deemed withdrawal of opposition 51 For the purpose of subsection 38(10) of the Act, the circumstances under which the opponent’s not submitting and serving evidence referred to in subsection 38(8) of the Act or a statement that the opponent does not wish to submit evidence results in their opposition being deemed to have been withdrawn are that neither that evidence nor that statement has been submitted and served by the opponent by the end of the four-month period referred to in section 50 of these Regulations.
Trademarks Regulations — 52
Timing of applicant’s evidence 52 (1) The applicant may submit evidence referred to in subsection 38(8) of the Act to the Registrar within a period of four months after the day on which the opponent’s service under section 50 of these Regulations is effective. Timing of service (2) For the purpose of subsection 38(9) of the Act, the time within which the applicant must serve that evidence on the opponent is during that four-month period. Statement of applicant (3) If the applicant does not wish to submit evidence referred to in subsection 38(8) of the Act, they may submit a statement to that effect to the Registrar within the four-month period referred to in subsection (1) of this section and, if so, they must serve it on the opponent within that period.
Trademarks Regulations — 53
Circumstances — deemed abandonment of application 53 For the purpose of subsection 38(11) of the Act, the circumstances under which the applicant’s not submitting and serving evidence referred to in subsection 38(8) of the Act or a statement that the applicant does not wish to submit evidence results in their application being deemed to have been abandoned are that neither that evidence nor that statement has been submitted and served by the applicant by the end of the four-month period referred to in section 52 of these Regulations.
Trademarks Regulations — 54
Reply evidence — timing 54 Within one month after the day on which the service on the opponent under section 52 is effective, the opponent may submit to the Registrar reply evidence and, if so, they must serve it on the applicant within that one-month period.
Trademarks Regulations — 55
Additional evidence 55 (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 — 56
Ordering of cross-examination 56 (1) On the application of a party made before the Registrar gives notice in accordance with subsection 57 (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 opposition 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 the 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 the affiant or declarant declines or fails to attend for cross-examination.
Trademarks Regulations — 57
Written representations 57 (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 opponent’s written representations (2) The opponent 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 38(9) of the Act, the time within which the opponent must serve their written representations on the applicant is during that two-month period. Statement of opponent (4) If the opponent 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 applicant within that period. Timing of applicant’s written representations (5) The applicant 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 subsection (2), 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 38(9) of the Act, the time within which the applicant must serve their written representations on the opponent is during the two-month period determined under subsection (5) of this section for their submission of written representations. Statement of applicant (7) If the applicant 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 opponent within that period.
Trademarks Regulations — 58
Request for hearing 58 (1) Within one month after the day on which the applicant’s service on the opponent of written representations or of a statement that the applicant does not wish to make written representations is effective — or, if no such service is effective within the two-month period determined under subsection 57 (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.