GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Regulations — 133
Non-application of statutory provisions 133 Paragraphs 41(1)(a) to (c) and (f), subsections 41(2) and (4) and section 44.1 of the Act do not apply in respect of a Protocol registration.
Trademarks Regulations — 134
Filing of request for merger 134 (1) The holder of a divisional international registration in respect of Canada may file with the Registrar for presentation to the International Bureau a request to merge the divisional international registration with the international registration from which it was divided if there is at least one Protocol registration based on each of those international registrations and (a) all of the Protocol registrations stem from the same original Protocol application; (b) they relate to the same trademark; and (c) their registered owner is the holder of the international registrations. Manner of filing (2) The request must be in English or French and 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. Contents (3) The request must indicate the number of each of the international registrations to be merged and the name of the holder of those international registrations. Sending of request to International Bureau (4) The Registrar must send to the International Bureau any request that is filed in accordance with subsections (1) to (3). Merger of Protocol registrations (5) If, following receipt of the request, the International Bureau notifies the Registrar of the merger of a divisional international registration in respect of Canada into the international registration from which it was divided, the Registrar must amend the register to merge the Protocol registrations that are based on those international registrations and that stem from the same original Protocol application.
Trademarks Regulations — 135
Recording resulting in deletion 135 (1) If the International Bureau notifies the Registrar of the recording in the International Register under Rule 27(1)(a) of the Common Regulations of a limitation of the list of goods or services, in respect of Canada, of an international registration on which a Protocol registration is based, (a) in the case that the recording results in a deletion of all goods or services from that list without giving rise to a resulting new list, the Registrar must cancel the Protocol registration; and (b) subject to paragraph (a), in the case that the recording results in a deletion of all goods or services from that list of a particular class of the Nice Classification without giving rise to a resulting new list for that particular class of the Nice Classification, the Registrar must amend the register accordingly; and (c) in the case that the recording results in a deletion of one or more of the goods or services from a list of a particular class of the Nice Classification and gives rise to a resulting new list for that particular class of the Nice Classification, the Registrar must determine, with respect to each good or service in that resulting new list for that particular class, whether the following requirements are met: (i) the good or service is within the scope of the Protocol registration on the date of the recording in the International Register, and (ii) the good or service is described in ordinary commercial terms and in a manner that identifies a specific good or service. Recording resulting in new list (2) In the case that the recording results in a deletion of one or more of the goods or services from a list of a particular class of the Nice Classification and gives rise to a resulting new list for that particular class of the Nice Classification, (a) if the Registrar determines that the requirements set out in paragraph (1)(c) are not met for any good or service in that resulting list for that particular class, the Registrar must, in accordance with Rule 27(5) of the Common Regulations, send to the International Bureau a declaration to the effect that the limitation has no effect in Canada in respect of all of the goods and services in that class; and (b) if the Registrar determines that the requirements set out in paragraph 1(c) are met for all of the goods or services in that resulting list for that particular class, the Registrar must amend the register accordingly.
Trademarks Regulations — 136
Complete renunciation 136 If, in respect of an international registration on which a Protocol registration is based, the International Bureau notifies the Registrar of the recording in the International Register of a renunciation in respect of Canada for all of the goods or services that are listed in the international registration, the Registrar must cancel the Protocol registration.
Trademarks Regulations — 137
Complete cancellation 137 If, in respect of an international registration on which a Protocol registration is based, the International Bureau notifies the Registrar of the recording in the International Register of a cancellation of the international registration for all of the goods or services that are listed in the international registration, the Registrar must cancel the Protocol registration.
Trademarks Regulations — 138
Partial cancellation 138 If, in respect of an international registration on which a Protocol registration is based, the International Bureau notifies the Registrar of the recording in the International Register of a cancellation of the international registration for at least one but not all of the goods or services that are listed in the international registration, the Registrar must cancel the Protocol registration or amend the register accordingly.
Trademarks Regulations — 139
Change of name or address 139 If, in respect of an international registration on which a Protocol registration is based, the International Bureau notifies the Registrar of the recording in the International Register of a change of name or address of the holder, the Registrar must amend the register accordingly.
Trademarks Regulations — 140
Correction of international registration 140 (1) If the International Bureau notifies the Registrar of a correction of an international registration affecting a Protocol registration and (a) if the Registrar considers that protection can still be granted to the international registration as corrected, the Registrar must amend the register accordingly; or (b) if the Registrar considers that protection cannot, or can no longer, be granted to the international registration as corrected, the Registrar must so declare and state their grounds in a notification of provisional refusal sent to the International Bureau within 18 months after the date on which the notification of the correction was sent. Period to respond (2) The Registrar must by notice invite the registered owner to respond to a declaration made under paragraph (1)(b) within the period specified in the notice. Protection granted (3) If — after considering any response received within the specified period or, if there is none, at the end of that period — the Registrar considers that protection can be granted to the international registration as corrected, the Registrar must so notify the International Bureau and amend the register accordingly. Protection not granted (4) If — after considering any response received within the specified period or, if there is none, at the end of that period — the Registrar still considers that protection cannot, or can no longer, be granted to the international registration as corrected, the Registrar must so notify the International Bureau and amend the register or cancel the Protocol registration accordingly.
Trademarks Regulations — 141
Effective date of cancellation or amendment 141 A cancellation of a Protocol registration or an amendment of the register under any of sections 135 to 140 is deemed to take effect on the date of the limitation, renunciation, cancellation, change or correction, as the case may be, as recorded in the International Register.
Trademarks Regulations — 142
Failure to consider request for extension of time 142 (1) The Registrar may remove a Protocol 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, unless the time limit under Article 5(2) of the Protocol to make a notification of provisional refusal based on an opposition has ended. Notification (2) If the Registrar removes a Protocol registration from the register under subsection (1), the Registrar must so notify the International Bureau.
Trademarks Regulations — 143
Non-application of section 46 of Act 143 Section 46 of the Act does not apply in respect of a Protocol registration.
Trademarks Regulations — 144
Period of registration 144 (1) Subject to the Act and any other provision of these Regulations, a Protocol registration is on the register for the period that begins on the day of the registration and that ends at the moment of its cancellation or expungement. Expungement (2) If the international registration on which a Protocol registration is based is not renewed in respect of Canada and the International Bureau so notifies the Registrar, the Registrar must expunge the Protocol registration. The Protocol registration is deemed to have been expunged at the expiry of the international registration in respect of Canada.
Trademarks Regulations — 145
Non-application of subsections 48(3) to (5) of Act 145 Subsections 48(3) to (5) of the Act do not apply in respect of a Protocol application or a Protocol registration.
Trademarks Regulations — 146
Recording or registration 146 If the International Bureau notifies the Registrar of the recording in the International Register of a change in ownership in respect of Canada of an international registration on which a Protocol application or a Protocol registration is based, the Registrar must record the transfer of the Protocol application or register the transfer of the Protocol registration accordingly.
Trademarks Regulations — 147
Application 147 (1) If an international registration on which a Protocol application or Protocol registration is based is cancelled under Article 6(4) of the Protocol for all or any of the goods or services listed in the international registration, the person that was the holder of the international registration on the date of cancellation recorded in the International Register, or their successor in title, may, within three months after that date, file with the Registrar an application (referred to in these Regulations as a “transformation application”) to revive the former Protocol application as an application for the registration of the trademark or the former Protocol registration as a registration of the trademark. Single application or registration (2) The transformation application may only be filed in respect of a single Protocol application or Protocol registration. List of goods or services — scope (3) The statement of the goods or services in the transformation application may only include goods or services that are within the scope of (a) goods or services that were cancelled from the international registration in respect of Canada; and (b) goods or services in the Protocol application or Protocol registration on the date of cancellation recorded in the International Register. Contents of application (4) The transformation application must include the following: (a) a statement to the effect that the application is for transformation of an international registration; (b) a statement of the goods or services in respect of which the registration of the trademark is sought; (c) the international registration number of the cancelled international registration; and (d) information that permits the Registrar to identify the Protocol application or Protocol registration that was based on the cancelled international registration. Manner of filing (5) The transformation application must be in English or French and be filed by an electronic means specified by the Registrar. No extension (6) The applicant may not apply under section 47 of the Act for an extension of the three-month period referred to in subsection (1) of this section.
Trademarks Regulations — 148
Consequences — trademark subject of cancelled Protocol application 148 If a transformation application is filed in accordance with section 147 for the revival of a Protocol application, (a) an application is deemed to have been filed under subsection 30(1) of the Act by the person that, on the date of cancellation recorded in the International Register, was the holder of the same trademark as in the cancelled international registration and in respect of the goods or services specified in the transformation application; (b) the deemed application is deemed to include any document or information contained in the Protocol application, other than the statement of goods or services; (c) the deemed application is deemed to have the same filing date as the Protocol application; and (d) any steps taken in relation to the Protocol application before the day on which the International Bureau notifies the Registrar of the recording of the cancellation of the international registration are deemed to have been taken in relation to the deemed application.
Trademarks Regulations — 149
Consequences — trademark subject of cancelled Protocol registration 149 If a transformation application is filed in accordance with section 147 for the revival of a Protocol registration, (a) the Registrar must, in respect of the goods or services specified in the transformation application, register the trademark in the name of the applicant and issue a certificate of its registration; (b) the registration of the trademark is deemed to have resulted from the Protocol application that resulted in the Protocol registration; (c) the day of registration of the trademark is deemed to be the day of registration of the Protocol registration; (d) despite subsection 46(1) of the Act and subject to any other provision of the Act, the registration of the trademark is or is deemed to be on the register for (i) an initial period that begins on the day of registration of the trademark and ends when the international registration’s term of protection would have expired had the international registration not been cancelled, and (ii) subsequent renewal periods of 10 years if the fee set out in item 14 of the schedule to these Regulations is paid (A) for the first renewal period, within the period referred to in section 76 or within six months after the day on which the trademark is registered under paragraph (a), determined without taking into account paragraph (c), whichever ends later, and (B) for each subsequent renewal period, within the period referred to in section 76 ; and (e) any steps taken in relation to the Protocol registration before the day on which the International Bureau notifies the Registrar of the recording of the cancellation of the international registration are deemed to have been taken in relation to the registration made under paragraph (a). SOR/2019-116, s. 6
Trademarks Regulations — 150
Application of Article 15(5) of Protocol 150 Article 15(5) of the Protocol applies to a holder of an international registration on which a Protocol application or a Protocol registration is based if that holder is no longer entitled to file international applications under Article 2(1) of the Protocol because of the denunciation of the Protocol by a contracting party.
Trademarks Regulations — 151
Definitions 151 The following definitions apply in this Part. coming-into-force day means the day on which these Regulations come into force under subsection 162(1). ( date d’entrée en vigueur ) former Regulations means the Trade-marks Regulations as they read immediately before the coming-into-force day. ( ancien règlement )
Trademarks Regulations — Trademarks Regulations
coming-into-force day means the day on which these Regulations come into force under subsection 162(1). ( date d’entrée en vigueur )
Trademarks Regulations — Trademarks Regulations
former Regulations means the Trade-marks Regulations as they read immediately before the coming-into-force day. ( ancien règlement )
Trademarks Regulations — 152
Filing date already determined 152 If, before the coming-into-force day, the date of filing of an application for the registration of a trademark has been determined in accordance with section 25 of the former Regulations, the filing date of the application is that date of filing.
Trademarks Regulations — 153
Filing date — coming into force 153 If, in respect of an application for the registration of a trademark, all of the items set out in subsection 33(1) of the Act have been received by the Registrar before the coming-into-force day but not all of the items set out in section 25 of the former Regulations have been delivered to the Registrar before that day, the filing date of the application is, subject to section 34 of the Act as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force: (a) the coming-into-force day, in the case that the difference between the fee set out in item 7 of the schedule to these Regulations and the fee referred to in section 1 of the schedule to the former Regulations has been paid before the coming-into-force day; and (b) the date on which that difference is paid, in the case that that difference has not been paid before the coming-into-force day.
Trademarks Regulations — 154
Exception to subsections 32 (1) and (2) 154 (1) If the filing date, determined without taking into account section 34 of the Act, of an application for the registration of a trademark, other than a Protocol application as defined in section 96 of these Regulations, precedes the coming-into-force day and the trademark has not yet been registered on that day, subsections 32(1) and (2) of these Regulations do not apply and the person that filed the application must pay the fee set out in item 20 of the schedule to these Regulations in addition to the fee, set out in item 1 of the schedule to the former Regulations, that they have already paid. Deemed payment of fees (2) If the fee set out in item 20 of the schedule to these Regulations is paid in respect of an application referred to in subsection (1), the fee referred to in that item 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. SOR/2019-116, s. 7 SOR/2023-114, s. 2
Trademarks Regulations — 155
Exception to subsection 32 (4) 155 If, before the coming-into-force day, in respect of an application for the registration of a trademark, the items set out in paragraphs 33(1)(a) to (e) of the Act have been received by the Registrar, the fee for the purpose of paragraph 33(1)(f) of the Act, referred to in section 69.1 of the Act, in respect of that application is, despite subsection 32 (4) of these Regulations, the fee set out in item 1 of the schedule to the former Regulations.
Trademarks Regulations — 156
Exception to section 34 156 Despite section 34 , if the date of a notice of a default in the prosecution of an application precedes the coming-into-force day, the time within which the default may be remedied is that specified in the notice.
Trademarks Regulations — 157
Exception to paragraph 35 (2)(e) 157 Despite paragraph 35 (2)(e) of these Regulations, an application for registration referred to in section 69.1 of the Act may, if the trademark remains substantially the same, be amended to add a statement referred to in paragraph 31(b) of the Act or paragraph 31 (e), (f) or (g) of these Regulations.
Trademarks Regulations — 158
Exception to section 75 158 Despite section 75 of these Regulations, for the purpose of section 46 of the Act, the renewal fee for a registration in respect of which the day of the last renewal — or, if the registration has never been renewed, the day of the registration — is more than 15 years before the coming-into-force day is the fee set out in item 7 of the schedule to the former Regulations.
Trademarks Regulations — 159
Exception to section 76 — first renewal 159 Despite section 76 of these Regulations and subject to section 160 of these Regulations, for the purpose of subsections 46(2) to (5) of the Act, in respect of the first renewal, on or after the coming-into-force day, of a registration that is on the register on the day before the coming-into-force day, the period within which the renewal fee must be paid (a) begins on the later of the day of registration and the day of last renewal, and (b) ends on the later of (i) the end of the period of 15 years and six months that begins after the later day described in paragraph (a), and (ii) if a notice is sent under subsection 46(2) of the Act, the end of the two-month period that begins after the date of that notice.
Trademarks Regulations — 160
Exception to section 76 — goods or services not grouped 160 Despite section 76 of these Regulations, if the goods or services in respect of which a trademark is registered are not, at the end of the period established by section 76 or 159 of these Regulations, as the case may be, grouped on the register in accordance with paragraph 26(2)(e.1) of the Act, the period within which the fees set out in subparagraphs 14(a)(ii) and (b)(ii) of the schedule to these Regulations must be paid ends on the expiry of the two-month period that begins after the day on which the Registrar sends to the registered owner a notice stating that the register has been amended to so group the goods or services and that the registration will be expunged in the event that the fees are not paid within the prescribed period, in the case where that two-month period ends later than that period established by section 76 or 159 of these Regulations.
Trademarks Regulations — 161
161 The Trade-marks Regulations 1 are repealed. 1 SOR/96-195; SOR/2007-91, s. 1
Trademarks Regulations — S.C. 2015, c. 36
S.C. 2015, c. 36 * 162 (1) Subject to subsection (2), these Regulations come into force on the day on which section 67 of the Economic Action Plan 2015 Act, No. 1 , 2015 comes into force. February 1, 2019 (2) If section 67 of the Economic Action Plan 2015 Act, No. 1 comes into force before February 1, 2019, sections 123, 124 and 134 come into force on February 1, 2019. * [Note: Regulations in force June 17, 2019, see SI/2018-100.]
Trademarks Regulations — (a)
(a) if the application and fee are submitted online through the Canadian Intellectual Property Office website
Trademarks Regulations — (i)
(i) for the first class of goods or services to which the application relates
Trademarks Regulations — (ii)
(ii) for each additional class of goods or services to which the application relates as of the filing date
Trademarks Regulations — (a)
(a) for the first class of goods or services to which the application relates
Trademarks Regulations — (b)
(b) for each additional class of goods or services to which the application relates as of the filing date
Trademarks Regulations — (a)
(a) if the renewal is requested and the fee submitted online through the Canadian Intellectual Property Office website
Trademarks Regulations — (i)
(i) for the first class of goods or services to which the request for renewal relates
Trademarks Regulations — (ii)
(ii) for each additional class of goods or services to which the request for renewal relates
Trademarks Regulations — (b)
(b) for each trademark to which the request relates
Trademarks Regulations — (a)
(a) if the requesting person makes the copy using equipment of the Office of the Registrar of Trademarks