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Trade-mark Regulations 1996

Trade-marks Regulations (1996)*
(SOR/96-195)
TABLE OF CONTENTS**
Sections

Short Title 1

Interpretation 2

Correspondence 3-11

General 12-14

Journal 15-17

Eligibility for Examination 18

Examining Board 19

Qualifying Examination 20

Listing of Trade-mark Agents 21

Renewal 22-23

Application for Registration 24-29

Amendment of Application for Registration 30-33

Advertisement of Application for Registration 34

Opposition 35-47

Transfer 48-50

Register 51-52

Objection Proceedings under Section 11.13 of the Act 53-61

Schedule: Tariff of Fees1

Regulations Respecting Trade-marks
Short Title

1.These Regulations may be cited as the Trade-marks Regulations (1996).

Interpretation

2.“Act” means the Trade-marks Act.2(Loi)

applicant means a person who files an application for the registration of a trade-mark, pursuant tosection30of the Act, or who is the last transferee of an application for the registration of a trade-mark recognized undersection48. (requérant)

Journal means theTrade-marks Journalreferred to insubsection 66(3)of the Act. (Journal)

trade-mark agent means a person whose name is entered on the list of trade-mark agents referred to insection21. (agent de marques de commerce)

Correspondence

3.—(1) All correspondence intended for the Registrar shall be addressed to the Registrar of Trade-marks.

(2) Correspondence addressed to the Registrar shall be considered to be received by the Registrar on the day that the correspondence is delivered to one of the following establishments, where the delivery is made during the ordinary business hours of that establishment:

(a) the Office of the Registrar of Trade-marks; or

(b) an establishment that is designated by the Registrar in the Journal as an establishment to which correspondence addressed to the Registrar may be delivered.

(3) Correspondence addressed to the Registrar, other than an application for the registration of a trade-mark filed pursuant tosection30of the Act, may be transmitted to the Registrar by facsimile in which case the facsimile shall be considered to be received by the Registrar on the day it is transmitted, where the transmission takes place before midnight local time of the place where the Office of the Registrar of Trade-marks is located.

4.(1) Communication in respect of a trade-mark shall be in writing, but the Registrar may also consider oral communications.

(2) The Registrar may request that an oral communication be confirmed in writing.

5.(1) Subject tosubsection(2), each communication addressed to the Registrar shall deal with only one application for the registration of a trade-mark or one registered trade-mark.

(2)Subsection(1)does not apply in respect of

(a) a change in name or address of an applicant for the registration of more that one trade-mark;

(b) a change in the name or address of a registered owner of more than one registered trade-mark;

(c) an application to cancel a registration;

(d) a transfer or other document affecting the rights to an application for the registration of a trade-mark or the rights to a registered trade-mark; and

(e) an appointment of a representative for service or a change in the name and address of a representative for service.

6.(1) Any address required to be furnished pursuant to the Act or these Regulations shall be a complete mailingaddress and shall include the street name and number, where one exists, and the postal code.

(2) Where the Registrar has not been notified of a change of address, the Registrar is not responsible for any correspondence not received by an applicant, registered owner, trade-mark agent or representative for service.

7.(1) Correspondence in respect of an application for the registration of a trade-mark shall include

(a) the name of the applicant;

(b) the application number, if one has been assigned; and

(c) the trade-mark

(2) Correspondence in respect of a registered trade-mark shall include

(a) the registration number;

(b) the application number; and

(c) the trade-mark

8.(1) Subject tosubsections(2)and(4), correspondence relating to the prosecution of an application for the registration of a trade-mark shall be with the applicant.

(2) Subject tosubsection(3)andsections9and11, correspondence referred to insubsection(1)shall be with a trade-mark agent, where the trade-mark agent has been authorized to act on behalf of the applicant in one of the following ways:

(a) the trade-mark agent filed the application with the Registrar as the agent of the applicant;

(b) the trade-mark agent is appointed as the agent of the applicant in the application or an accompanying document; or

(c) the trade-mark agent is appointed as the agent of the applicant after the application is filed.

(3) Where a trade-mark agent referred to insubsection(2)appoints another trade-mark agent as associate or substitute agent, correspondence shall be with the associate or substitute agent.

(4) Where a person requests recognition of a transfer of an application pursuant tosection48, correspondence in respect of the recognition of the transfer shall also be with the person who requests that recognition.

9.(1) Where a trade-mark agent is not a resident of Canada, the agent shall appoint an associate agent who is a resident of Canada.

(2) Where an associate trade-mark agent is not appointed pursuant tosubsection(1), the Registrar shall correspond with the applicant.

10.Sections8and9apply, with such modifications as are necessary, to parties to oppositions.

11.(1) The appointment of a trade-mark agent need not be made in writing, but the Registrar may require the agent to file a written authorization from the person or firm that that agent claims to represent, where the circumstances described in any ofparagraphs8(2)(a)to(c)have not occurred or the appointment has not been clearly established.

(2) Where a trade-mark agent fails to file an authorization required pursuant tosubsection(1), the Registrar may notify the person or firm that the agent claims to represent, and shall, subject tosection8, continue to correspond with the person or firm notified until the written authorization is filed.

General

12.The fees set out in the schedule are payable to the Receiver General and shall be forwarded to the Registrar.

13.Except as otherwise provided in these Regulations, all documents filed with the Office of the Registrar of Trade-marks shall be on white paper that measures at least 8 inches by 11 inches, or 21 cm x 28 cm, but not more than 8½ inches by 14 inches, or 22 cm x 35 cm, on one side only, with left and upper margins of at least 1inch or 2.5 cm.

14.(1) An application for the registration of a trade-mark shall contain the information required bysection30of the Act, and shall be presented clearly and legibly, in the manner specified by the Registrar in the Journal and on the appropriate form published by the Registrar in the Journal, or in any other form that allows for the furnishing of the same information.

(2) Any document to be submitted to the Registrar relating to the registration of a trade-mark or a registered trade-mark shall be presented clearly and legibly, in the manner specified by the Registrar in the Journal and on the appropriate form published by the Registrar in the Journal, or in any other form that allows for the furnishing of the same information.

Journal

15.The Registrar shall publish, on a weekly basis, the Journal, which shall include

(a) every advertisement made pursuant tosubsection37(1)of the Act;

(b) the particulars of every registration of a trade-mark made or extended pursuant to the Act;

(c) the particulars of the Registrar’s rulings required to be published pursuant tosection 64of the Act;

(d) every public notice required pursuant tosubsection9(1)of the Act; and

(e) every order made by the Minister pursuant tosubsection 66(2)of the Act.

16.Every advertisement of an application published pursuant tosubsection37(1)of the Act shall set out

(a) the trade-mark claimed;

(b) a note of any disclaimer;

(c) the name and address of the applicant and the representative for service, if any;

(d) the application number;

(e) the date of filing of the application and the date of priority claimed pursuant tosection34of the Act, if any;

(f) a summary of the information filed by the applicant pursuantto paragraphs 30(a)to(d)and(g)of the Act;

(g) in the case of an application for a proposed trade-mark, a certification mark or a distinguishing guise, a note to that effect;

(h) where the benefit ofsubsection 12(2)orsection14of the Act is claimed, a note to that effect;

(i) the particulars of any territorial restriction applicable pursuant tosubsection 32(2)of the Act; and

(j) the particulars of any translation or transliteration furnished to the Registrar in accordance withparagraph29(a)or(b).

17.The particulars published in the Journal of a registration of a trade-mark made or extended pursuant to the Act shall include

(a) the number and date of the registration;

(b) the name of the registered owner;

(c) the application number; and

(d) the issue number and date of the issue of the Journal in which the application was advertised.

Eligibility for Examination

18.Subject tosubsection20(2), a person is eligible to sit for a qualifying examination relating to trade-mark law and practice if, before October 1 of the year in which the person proposes to sit for the examination, the persons resides in Canada and

(a) is a barrister or solicitor entitled to practise as such in a province, or a notary entitled to practise as such in the Province of Quebec; or

(b) has worked in Canada in the area of Canadian trade-mark law and practice, including the preparation and prosecution of applications for the registration of trade-marks, for a period of not less that 24 months.

Examining Board

19.The members of an examining board shall be appointed by the Registrar and at least two members of the board shall be trade-mark agents nominated by the Patent and Trademark Institute of Canada.

Qualifying Examination

20.(1) The examining board shall

(a) set the qualifying examination relating to trade-mark law and practice;

(b) set the date for the qualifying examination; and

(c) conduct the qualifying examination during the month of October in each year.

(2) The Registrar shall give notice in the Journal of the date of the next qualifying examination and shall state in the notice that any person who proposes to sit for the examination shall

(a) within the time specified in the notice, notify the Registrar in writing and submit to the Registrar an affidavit or statutory declaration setting out the persons experience, duties and responsibilities in the area of trade-mark law and practice; and

(b) pay the fee set out in item 20 of the schedule.

(3) The Registrar shall designate the place or places where the qualifying examination is to be held and shall, by registered mail, at least four weeks before the day fixed for the examination, notify any person who has complied with the requirements ofsubsection(2).

Listing of Trade-mark Agents

21.The Registrar shall, on written request and payment of the fee set out in item 19 of the schedule, enter on a list of trade-mark agents the name of

(a) any resident of Canada who has passed the qualifying examination relating to Canadian trade-mark law and practice, including the preparation and prosecution of applications for registration of trade-marks;

(b) any resident of Canada who is a barrister or solicitor entitled to practise as such in a province, or a notary entitled to practise as such in the Province of Quebec, who has

i(i) passed the qualifying examination relating to trade-mark law and practice, or

(ii) worked in the area of trade-mark law, including the preparation and prosecution of applications for registration of trade-marks, for a period of not less that 24 months and who has submitted an affidavit or statutory declaration to that effect to the Registrar;

(c) a resident of any other country who is entitled to practise before the trade-marks office of that country; and

(d) any firm having the name of at least one of its members entered on the list as a trade-mark agent.

Renewal

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

(a) a resident of Canada whose name is entered on the list of trade-mark agents shall, in order to maintain the residents name on the list, pay the fee set out in item 21 of the schedule;

(b) a resident of any other country whose name is entered on the list of trade-mark agents shall, in order to maintain the residents name on the list, file a statement signed by the agent setting out the agents country of residence and declaring that the agent is in good standing before the trade-mark office of that country; and

(c) a firm having the name of at least one of its members entered on the list of trade-mark agents shall, in order to maintain the firms name on the list, file a statement signed by one of its members whose name is on the list, indicating all of its members whose names are on the list.

(2) Where a trade-mark agent fails to comply with the applicable requirement set out insubsection(1), the Registrar shall send a written notice to the trade-mark agent requiring that, within three months after the date of the notice, the trade-mark agent shall file

(a) the statement required byparagraph(1)(b)or(c), as applicable; or

(b) the fee set out in item 21 of the schedule.

(3) Where a trade-mark agent fails to comply with a notice referred to insubsection(2), the Registrar shall remove the name of the agent from the list of trade-mark agents.

23.(1) The name of a trade-mark agent that has been removed from the list of trade-mark agents pursuant tosubsection22(3)may be reinstated if the agent applies to the Registrar within one year after the date of the removal of the agents name from the list, and

(a) files the statement required byparagraph22(1)(b)or(c), as applicable; or

(b) pays the fees set out in items 21 and 22 of the schedule.

(2) A firm is entitled to have its name remain on the list of trade-mark agents where

(a) the name of at least one of its members is on the list; and

(b) the statement required byparagraph22(1)(c)is filed.

Application for Registration

24.A separate application shall be filed for the registration of each trade-mark, but a single application is sufficient where the trade-mark is used, made known or proposed to be used in association with both wares and services.

25.Subject tosection34of the Act, the date of filing of an application for the registration of a trade-mark is the date on which the following are delivered to the Registrar:

(a) an application setting out the following information, namely,

ii(i) the name and address of the applicant,

i(ii) the wares or services in association with which the trade-mark is proposed to be used, or has been used or made known, and

(iii) in the case of a trade-mark other that a proposed trade-mark,

(A) the date of first use or making known of the trade-mark in Canada, or

(B) the name of a country in which the trade-mark has been used and information respecting the registration or application for registration in a country of the Union on which the right to registration is based;

(b) the application fee set out in item 1 of the schedule; and

(c) a drawing of the trade-mark, unless the trade-mark consists solely of a word or words not depicted in a special form.

26.(1)Paragraph25(a)applies in respect of an application to extend the statement of wares or services in respect of which a trade-mark is registered.

(2) The application referred to insubsection(1)shall be accompanied by the fee set out initem 3of the schedule.

27.(1) Where a drawing of a trade-mark is required byparagraph 30(h)of the Act, the drawing shall be in black and white, not larger than 2¾ inches by 2¾ inches or 7 cm x7 cm, and shall not include any matter that is not part of the trade-mark, and may be on paper that satisfies the requirements ofsection13.

(2) Where the drawing of the trade-mark on file is not suitable for reproduction in the Journal, the Registrar may require an applicant to file a new drawing.

28.(1) Where the applicant claims a colour as a feature of the trade-mark, the colour shall be described.

(2) Where the description referred to insubsection(1)is not clear, the Registrar may require the applicant to filea drawing lined for colour in accordance with the following colour chart;

(...)3

29.The Registrar may require an applicant for the registration of a trade-mark to furnish to the Registrar, as applicable,

(a) a translation into English or French of any words in any other language contained in the trade-mark;

(b) where the trade-mark contains matter expressed in characters other than Latin characters or in numerals other than Arabic or Roman numerals, a transliteration of the matter in Latin characters and Arabic numerals; and

(c) a specimen of the trade-mark as used.

Amendment of Application for Registration

30.Except as provided insections31and32, an application for the registration of a trade-mark may be amended either before or after the application is advertised pursuant tosubsection37(1)of the Act.

31.No application for the registration of a trade-mark may be amended where the amendment would change

(a) the identity of the applicant, except after recognition of a transfer by the Registrar;

(b) the trade-mark, except in respects that do not alter its distinctive character or affect its identity;

(c) the date of first use or making known in Canada of the trade-mark to an earlier date, except where the evidence proves that the change is justified by the facts;

(d) the application from one not alleging use or making known of the trade-mark in Canada before the filing of the application to one alleging such use or making known; or

(e) the statement of wares or services so as to be broader than the statement of wares or services contained in the application at the time the application was filed pursuant tosection30of the Act.

32.No application for the registration of a trade-mark may be amended, after it has been advertised in the Journal, to change

(a) the trade-mark in any manner whatsoever;

(b) the date of first use or making known in Canada of the trade-mark;

(c) the application from one alleging use or making known to one for a proposed trade-mark;

(d) the application from one that does not allege that the trade-mark has been used and registered in a country of the Union to one that does so allege; or

(e) the statement of wares or services so as to be broader than the statement of wares or services contained in the application at the time of advertisement.

33.(1) The Registrar may correct a clerical error in any instrument of record where

(a) the clerical error is discovered by the Registrar; or

(b) a request for correction is made by an applicant, registered owner or trade-mark agent of the applicant or registered owner.

(2) Where, pursuant tosubsection(1), the Registrar discovers a clerical error that was not committed by the Registrar, the Registrar shall

(a) in the case referred to inparagraph(1)(a), charge to the applicant or the registered owner the fee set out in item 5 of the schedule for an amendment to the register and make the correction on receipt of payment; and

(b) in the case referred to inparagraph(1)(b), make the correction on receipt of the fee set out in item5 of the schedule.

Advertisement of Application for Registration

34.Where the Registrar is not satisfied that an application for registration of a trade-mark should be refused pursuant tosubsection37(1)of the Act, the Registrar shall advertise the particulars of the application in the Journal.

Opposition

35.A person who corresponds with the Registrar in respect of an opposition proceeding shall clearly state that the correspondence relates to the opposition proceeding.

36.After the Registrar has forwarded a copy of a statement of opposition to the applicant in accordance withsubsection 38(5)of the Act, a party corresponding with the Registrar shall forward a copy of any correspondence in respect of the opposition, with the exception of a written argument filed pursuant tosubsection46(3), to the other party in the opposition proceeding.

37.(1) Any statement or other material required to be served in an opposition proceeding pursuant tosection38of the Act or to these Regulations may be served on the party or the partys trade-mark agent or representative for service either personally or by registered mail at the address in Canada set out in the statement of opposition or the application.

(2) When service is effected by registered mail, it is deemed to be effected on the date that it is mailed.

38.A statement of opposition shall be filed with the Registrar in duplicate.

39.Within one month after a copy of a statement of opposition has been forwarded to an applicant pursuant tosubsection 38(5)of the Act, the applicant shall file a counter statement with the Registrar and serve a copy of the counter statement on the opponent.

40.No amendment to a statement of opposition or counter statement shall be allowed except with leave of the Registrar and on such terms as the Registrar determines to be appropriate.

41.(1) Within one month after the service of the counter statement, the opponent shall

(a) submit to the Registrar, by way of affidavit or statutory declaration, or in accordance withsection54of the Act, the evidence that the opponent is relying on to support the opposition, or a statement that the opponent does not wish to submit evidence; and

(b) serve the applicant, where evidence is submitted, with a copy of the evidence or, where the opponent does not wish to submit evidence, with a copy of a statement that the opponent does not wish to submit evidence.

(2) Where the opponent does not submit either the evidence undersubsection 38(7)of the Act or a statement that the opponent does not wish to submit evidence, within the time set out insubsection(1), the opposition shall be deemed to have been withdrawn for the purposes ofsubsection 38(7.1)of the Act.

42.(1) Within one month after service of the opponents evidence or statement referred to inparagraph41(1)(a), the applicant shall

(a) submit to the Registrar by way of affidavit or statutory declaration, or in accordance withsection54of the Act, the evidence that the applicant is relying on to support the application, or a statement that the applicant does not wish to submit evidence; and

(b) serve the opponent, where evidence is submitted, with a copy of the evidence or, where the applicant does not wish to submit evidence, with a copy of a statement that the applicant does not wish to submit evidence.

(2) Where the applicant does not submit either the evidence undersubsection 38(7)of the Act or a statement that the applicant does not wish to submit evidence, within the time set out insubsection(1), the application shall be deemed to have been abandoned for the purposes ofsubsection 38(7.2)of the Act.

43.Within one month after service on the opponent of the applicants evidence referred to insection42, the opponent

(a) may submit to the Registrar, by way of affidavit or statutory declaration, or in accordance withsection54of the Act, evidence strictly confined to matters in reply; and

(b) shall, where submitting the evidence referred to inparagraph(a), serve the applicant with a copy of the evidence.

44.(1) No further evidence shall be adduced by any party except with leave of the Registrar and on such terms as the Registrar determines to be appropriate.

(2) Before giving notice in accordance withsubsection46(1), the Registrar may, on the application of any party and on such terms as the Registrar may direct, order the cross-examination under oath of any affiant or declarant on an affidavit or declaration that has been filed with the Registrar and is being relied on as evidence in the opposition.

(3) A cross-examination ordered pursuant tosubsection(2)shall be held at a time, date and place and before a person agreed to by the parties or, in the absence of an agreement, as designated by the Registrar.

(4) A transcript of the cross-examination and exhibits to the cross-examination, and any documents or material undertaken to be submitted by the party whose affiant or declarant is being cross-examined, shall be filed with the Registrar by the party conducting the cross-examination, within the time fixed by the Registrar.

(5) If an affiant or declarant declines or fails to attend for cross-examination, the affidavit or declaration shall not be part of the evidence and shall be returned to the party who filed it.

45.(1) Every exhibit to an affidavit or declaration filed in an opposition shall be filed with the affidavit or declaration.

(2) Subject tosubsection(3), all materials filed in an opposition shall be open to public inspection at the Office of the Registrar of Trade-marks.

(3) Written arguments shall not be open to public inspection until after they have been forwarded by the Registrar in accordance withsubsection46(3).

(4) A copy, photograph or sample of an exhibit referred to insubsection(1)shall be served on the other party unless the Registrar directs otherwise.

46.(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 the notice, file written arguments with the Registrar.

(2) No written argument shall be filed after the expiration of the period of one month referred to insubsection(1), except with leave of the Registrar.

(3) Written arguments, if any, shall be filed in duplicate and, after the written arguments of both parties have been filed or the period for filing written arguments has expired, the Registrar shall forward

(a) a copy of any written argument filed to every other party; and

(b) a notice to each party that a hearing may be requested.

(4) A party wishing to be heard by the Registrar shall give the Registrar written notice within one month after the date of the Registrars notice referred to inparagraph(3)(b)and, on receipt of a notice from the party, the Registrar shall send the parties a written notice setting out the time, date and location of the hearing.

47.Where in an opposition proceeding any extension of time is granted to a party, the Registrar may thereafter grant a reasonable extension of time to the other party for the taking of any subsequent step.

Transfer

48.The Registrar shall recognize a transfer of an application for registration of a trade-mark on receipt of a written request for recognition together with

(a) evidence of the transfer; and

(b) the information required by paragraph 30(g)of the Act in the case of a firstapplication.

49.(1) Where, as a result of a transfer of a trade-mark that is the subject of an application for registration, the trade-mark becomes the property of one person for use in association with some of the wares or services specified in the application and of another person for use in association with other such wares or services, and the Registrar recognizes the transfer, each person shall file an amendment of that application restricted to those wares and services for use in respect of which the person owns the trade-mark.

(2) Each amendment referred to insubsection(1)is a continuation of the application for the purpose of preserving the benefit of the date of filing of the application, but shall otherwise be treated in subsequent proceedings as a separate application.

50.Where, as a result of a transfer, a registered trade-mark becomes the property of one person for use in association with some of the wares or services specified in the registration, and of another person for use in association with other such wares or services, and the transfer is registered by the Registrar, each person

(a) for the purposes of the Act, is deemed to be a separate registered owner of the trade-mark for use in association with the wares and services in respect of which the person has acquired or retained ownership of the trade-mark; and

(b) for the purposes ofsections43to46of the Act, is deemed to have a separate registration of the trade-mark.

Register

51.A summary of an application for registration referred to in paragraph 26(2)(b)of the Act shall include the following information, where applicable:

(a) the name and address of the registered owner at the time of registration of the trade-mark;

(b) the trade-mark and any disclaimer with respect to that trade-mark;

(c) the wares and services in respect of which registration of the trade-mark has been requested and, in the case of a proposed trade-mark, in respect of which the declaration of use of the trade-mark in Canada required bysubsection 40(2)of the Act has been filed;

(d) the number of the application for registration;

(e) the date of filing of the application and, where priority is claimed, the date of the priority filing of the application;

(f) the date or dates of first use of the trade-mark in Canada;

(g) the date or dates of first making known of the trade-mark in Canada; and

(h) the country of origin of the applicant or the applicants predecessor in title and the name of a country other than Canada in which the trade-mark has been used.

52.The register, pursuant toparagraph 26(2)(f)of the Act, shall indicate, in respect of each registered trade-mark, the following particulars, where applicable:

(a) the territorial area to which the registration extends;

(b) the registration number;

(c) the registration number of each associated trade-mark;

(d) the name and address of the original registered owner;

(e) the name and address of the representative for service of the current registered owner;

(f) a notation disclosing whether registrability has been recognized pursuant tosubsection 12(2)orsection13or14of the Act;

(g) the number, date and country of any registration abroad on which the registration is based; and

(h) the date of filing any declaration of use.

Objection Proceedings Under Section 11.13 of the Act

53.(1) Any statement or other material required to be served in an objection proceeding pursuant tosection11.13of the Act or to these Regulations may be served on a party or a partys trade-mark agent or representative for service either personally or by registered mail at the address in Canada set out in the statement of objection or the Ministers statement referred to insubsection 11.12(2)of the Act.

(2) When service is effected by registered mail, it is deemed to be effected on the date of mailing.

54.No amendment to a statement of objection or counter statement shall be allowed except with leave of the Registrar on such terms as the Registrar determines to be appropriate.

55.(1) For the application ofsubsection 11.13(5)of the Act, within one month after the service of the counter statement, the objector

(a) may submit to the Registrar, by way of affidavit or statutory declaration, the evidence that the objector is relying on to support the objection, or a statement that the objector does not wish to submit evidence; and

(b) shall serve the responsible authority, where evidence is submitted, with a copy of the evidence or, where the objector does not wish to submit evidence, with a copy of a statement that the objector does not wish to submit evidence.

(2) Where the objector does not submit either the evidence undersubsection 11.13(5)of the Act or a statement that the objector does not wish to submit evidence, within the time set out insubsection(1), the objection shall be deemed to have been withdrawn for the purposes ofsubsection 11.13(6)of the Act.

56.Within one month after service of the objectors evidence or statement referred to inparagraph55(1)(a), the responsible authority

(a) may submit to the Registrar, by way of affidavit or statutory declaration, the evidence that the responsible authority is relying on; and

(b) shall serve the objector, where evidence is submitted, with a copy of the evidence.

57.Within one month after service on the objector of the responsible authoritys evidence referred to inparagraph56(a), the objector

(a) may submit to the Registrar, by way of affidavit or statutory declaration, evidence strictly confined to matters in reply; and

(b) where submitting the evidence referred to inparagraph(a), shall serve the responsible authority with a copy of the evidence.

58.(1) No further evidence shall be adduced by any party except with leave of the Registrar on such terms as the Registrar determines to be appropriate.

(2) Before giving notice in accordance withsubsection60(1), the Registrar may, on the application of any party and on such terms as the Registrar may direct, order the cross-examination under oath of any affiant or declarant on an affidavit or statutory declaration that has been filed with the Registrar and is being relied on as evidence in the objection proceeding.

(3) A cross-examination ordered pursuant tosubsection(2)shall be held at a time, date and place and before a person agreed to by the parties or, in the absence of an agreement, as designated by the Registrar.

(4) A transcript of the cross-examination and exhibits to the cross-examination, and any documents or material undertaken to be submitted by the party whose affiant or declarant is being cross-examined, shall be filed with the Registrar by the party conducting the cross-examination, within the time fixed by the Registrar.

(5) If an affiant or declarant declines or fails to attend for cross-examination, the affidavit or statutory declaration shall not be part of the evidence and shall be returned to the party who filed it.

59.(1) Every exhibit to an affidavit or statutory declaration filed in an objection proceeding shall be filed with the affidavit or declaration.

(2) Subject tosubsection(3), all materials filed in an objection proceeding shall be open to public inspection at the Office of the Registrar of Trade-marks.

(3) Written arguments shall not be open to public inspection until after they have been forwarded by the Registrar in accordance withsubsection60(3).

(4) A copy, photograph or sample of an exhibit referred to insubsection(1)shall be served on the other party unless the Registrar directs otherwise.

60.(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 the notice, file written arguments with the Registrar.

(2) No written argument shall be filed after the expiration of the period of one month referred to insubsection(1), except with leave of the Registrar.

(3) Written arguments, if any, shall be filed in duplicate and, after the written arguments of both parties have been filed or the period for filing written arguments has expired, the Registrar shall forward

(a) a copy of any written argument filed to every other party; and

(b) a notice to each party that a hearing may be requested.

(4) A party wishing to be heard by the Registrar shall give the Registrar written notice within one month after the date of the Registrars notice referred to inparagraph(3)(b)and, on receipt of a notice from the party, the Registrar shall send the parties a written notice setting out the time, date and location of the hearing.

61.Where in an objection proceeding any extension of time is granted to a party, the Registrar may thereafter grant a reasonable extension of time to the other party for the taking of any subsequent step.


Schedule Tariff of Fees

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