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Vol. 137, No. 13 — June 18, 2003
Registration
SOR/2003-209 5 June, 2003
TRADE-MARKS ACT
Regulations Amending the Trade-marks Regulations (1996)
P.C. 2003-865 5 June, 2003
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 65 (see footnote a) of the Trade-marks Act, hereby makes the annexed Regulations Amending the Trade-marks Regulations (1996).
REGULATIONS AMENDING THE TRADE-MARKS REGULATIONS (1996)
AMENDMENTS
1. Section 19 of the Trade-marks Regulations (1996) (see footnote 1) is replaced by the following:
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 Intellectual Property Institute of Canada.
2. Subsection 33(2) of the Regulations is repealed.
3. Items 1 to 3 of Part I of the schedule to the Regulations are replaced by the following:
| 1. |
An application for the registration of a trade-mark, |
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(a) where the application and fee are submitted on-line to the Office of the Registrar of Trade-Marks, via the
Canadian Intellectual Property Office
web site
(b) in any other case |
$ 250
300 |
| 2. |
A statement of opposition pursuant to
subsection 38(1) of the Act |
750 |
| 3. |
An application to amend the registration of a trade-mark by extending the statement of wares or services in respect of which the trade-mark is registered |
450 |
4. Item 4 of Part I of the schedule to the Regulations is repealed.
5. Items 5 to 9 of Part I of the schedule to the Regulations are replaced by the following:
| 5. |
Any other application to amend the register, other than corrections of clerical errors and amendments of the name, address or description of the representative for service in Canada, for each trade-mark |
50 |
| 6. |
A request to recognize the transfer
of one or more trade-marks, for
each trade-mark |
100 |
| 7. |
A request to renew the registration of one or more trade-marks, for each trade-mark,
(a) where the request and fee are submitted on-line to the
Office
of the Registrar of Trade-Marks, via the Canadian Intellectual Property
Office web site
(b) in any other case |
350
400 |
| 8. |
A request to send one or more notices pursuant to section 44 or
45 of the Act, for each notice |
400 |
| 9. |
An application for an extension of time
pursuant to subsection 47(1) or (2) of the Act, for each act |
125 |
6. Item 11 of Part I of the schedule to the Regulations is repealed.
7. Items 12 and 13 of Part I of the schedule to the Regulations are replaced by the following:
| 12. |
A request pursuant to paragraph 9(1)(n) or (n.1)
of the Act with respect to one or more badges, crests, emblems, marks
or armorial bearings, for each badge, crest, emblem, mark or armorial
bearing |
500 |
| 13. |
A request for the transmission of documents to the Federal Court of Canada pursuant to subsection 60(1) of the Act, for each file |
175 |
8. Items 16 to 18 of Part III of the schedule to the Regulations are replaced by the following:
| 16. |
A certified copy in paper form of a
document: |
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(a) for each certification
(b) plus, for each page
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$ 35
1
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| 17. |
A certified copy in electronic form of a document: |
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(a) for each certification
(b) plus, for each trade-mark to which the request relates
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35
10
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| 18. |
A copy in paper form of a document, for each page, |
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(a) where the person requesting makes the copy using equipment
of the Office of the Registrar of Trade-marks
(b) where the Office makes the copy
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0.50
1
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| 18.1 |
A copy in electronic form of a document: |
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(a) for each request
(b) plus, for each trade-mark to which the request relates
(c) plus, if the copy is requested on a physical medium,
for each physical medium requested in addition to the first
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10
10
10
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9. Items 19 to 22 of Part IV of the schedule to the Regulations are replaced by the following:
| 19. |
On request, to enter a name on the list of trade-mark agents: |
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(a) where the request and fee are submitted on-line to
the Office of the Registrar of Trade-Marks, via the Canadian Intellectual
Property Office web site
(b) in any other case
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$ 300
350
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| 20. |
Examination fee referred to in paragraph 20(2)(b). |
400
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| 21. |
Annual registration fee referred to in paragraphs 22(1)(a)
and (2)(b): |
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(a) where the fee is submitted on-line to the Office of
the Registrar of Trade-Marks, via the Canadian Intellectual Property
Office web site
(b) in any other case |
300
350
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| 22. |
Reinstatement fee referred to in paragraph 23(1)(b) |
200
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COMING INTO FORCE
10. These Regulations come into force on January 1, 2004.
N.B. The Regulatory Analysis Statement for these Regulations
appears following SOR/2003-208, Rules Amending the Patent Rules.
Footnote a
S.C. 1994, c. 47, s. 201
Footnote 1
SOR/96-195
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