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Vol. 140, No. 51 — December 23, 2006 Regulations Amending the Trade-marks Regulations (1996)Statutory authority Trade-marks Act Sponsoring department Department of Industry REGULATORY IMPACT ANALYSIS STATEMENT For the Regulatory Impact Analysis Statement, see the Rules Amending the Patent Rules. Notice is hereby given that the Governor in Council, pursuant to section 65 (see footnote a) of the Trade-marks Act, proposes to make the annexed Regulations Amending the Trade-marks Regulations (1996). Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Lisa Power, Canadian Intellectual Property Office, 50 Victoria Street, Place du Portage II, Gatineau, Quebec K1A 0C9 (tel.: 819-997-2469; fax: 819-997-5092; e-mail: Power.Lisa@ic.gc.ca). Ottawa, December 14, 2006
MARY O'NEILL REGULATIONS AMENDING THE TRADE-MARKS REGULATIONS (1996) AMENDMENTS 1. The long title of the Trade-marks Regulations (1996) (see footnote 1) is replaced by the following: TRADE-MARKS REGULATIONS 2. Section 1 of the Regulations and the heading before it are repealed. 3. Section 37 of the Regulations is replaced by the following: 37. (1) Any statement or other material required to be served on a party in an opposition proceeding under section 38 of the Act or these Regulations may be served on the party or their trade-mark agent or representative for service (a) by personal service; (b) by registered mail; (c) by courier; or (d) in any other manner with the consent of the party or their agent. (2) For the purposes of subsection (1), unless otherwise agreed by the parties, if the party being served has appointed a trade-mark agent or has named a representative for service, service shall be effected on that agent or that representative for service. (3) If service is effected by registered mail, service is deemed to be effected on the later of (a) the date of mailing of the statement or material, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (4) If service is effected by courier, service is deemed to be effected on the later of (a) the date of delivery of the statement or material to the courier, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (5) If service is effected by personal service or in any other manner with the consent of the party or their agent, service is deemed to be effected on the later of (a) the date of delivery of the statement or material to the person being served, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (6) The party effecting service shall notify the Registrar of the manner of service and (a) in the case of service by registered mail, the date of mailing of the statement or material; (b) in the case of service by courier, the date of delivery of the statement or material to the courier; or (c) in any other case, the date of delivery of the statement or material to the person being served. 4. Section 39 of the Regulations is replaced by the following: 39. Within two months after a copy of a statement of opposition has been forwarded to an applicant under subsection 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. 5. The portion of subsection 41(1) of the Regulations before paragraph (a) is replaced by the following: 41. (1) Within four months after service of the counter statement, the opponent shall 6. The portion of subsection 42(1) of the Regulations before paragraph (a) is replaced by the following: 42. (1) Within four months after service of the opponent's evidence or statement referred to in paragraph 41(1)(a), the applicant shall 7. Section 53 of the Regulations is replaced by the following: 53. (1) Any statement or other material required to be served on a party in an objection proceeding under section 11.13 of the Act or these Regulations may be served on the party or their trade-mark agent or representative for service (a) by personal service; (b) by registered mail; (c) by courier; or (d) in any other manner with the consent of the party or their agent. (2) For the purposes of subsection (1), unless otherwise agreed by the parties, if the party being served has appointed a trade-mark agent or has named a representative for service, service shall be effected on that agent or that representative for service. (3) If service is effected by registered mail, service is deemed to be effected on the later of (a) the date of mailing of the statement or material, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (4) If service is effected by courier, service is deemed to be effected on the later of (a) the date of delivery of the statement or material to the courier, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (5) If service is effected by personal service or in any other manner with the consent of the party or their agent, service is deemed to be effected on the later of (a) the date of delivery of the statement or material to the person being served, and (b) the day on which the party effecting service submits to the Registrar a notice in accordance with subsection (6). (6) The party effecting service shall notify the Registrar of the manner of service and (a) in the case of service by registered mail, the date of mailing of the statement or material; (b) in the case of service by courier, the date of delivery of the statement or material to the courier; or (c) in any other case, the date of delivery of the statement or material to the person being served. 8. The portion of subsection 55(1) of the Regulations before paragraph (a) is replaced by the following: 55. (1) For the application of subsection 11.13(5) of the Act, within four months after service of the counter statement, the objector 9. The portion of section 56 of the Regulations before paragraph (a) is replaced by the following: 56. (1) Within four months after service of the objector's evidence or statement referred to in paragraph 55(1)(a), the responsible authority 10. Item 5 of the schedule to the Regulations is repealed. 11. Item 13 of the schedule to the Regulations is repealed. 12. Items 16 and 17 of the schedule to the Regulations are replaced by the following: 16. A certified copy in paper form of a document, other than a certified copy made under subsection 60(1) of the Act or Rule 318 or 350 of the Federal Courts Rules:
17. A certified copy in electronic form of a document, other than a certified copy made under subsection 60(1) of the Act or Rule 318 or 350 of the Federal Courts Rules:
TRANSITIONAL PROVISIONS 13. (1) Opposition proceedings relating to an application for the registration of a trade-mark that was advertised in the Trade-marks Journal before the date of coming into force of these Regulations shall be conducted in accordance with sections 39, 41 and 42 of the Trade-marks Regulations (1996) as they read immediately before that date. (2) If an application for the registration of a trade-mark is advertised with an error and then advertised with a correction, the date of the advertisement with the correction shall be deemed to be the date of the advertisement for the purpose of subsection (1). 14. Objection proceedings relating to a geographical indication, in respect of which a statement referred to in subsection 11.12(2) of the Trade-marks Act was published in the Canada Gazette before the date of coming into force of these Regulations, shall be conducted in accordance with sections 55 and 56 of the Trade-marks Regulations (1996) as they read immediately before that date. COMING INTO FORCE 15. These Regulations come into force on the day on which they are registered. [51-1-o] S.C. 1994, c. 47, s. 201 SOR/96-195 |
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