[Note: This consolidation is not an official version of the regulation.
Updated to : April 30, 1999
No amendments since 1996/05/01]

SHORT TITLE

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

INTERPRETATION

2. The following definitions apply in these Regulations.

"Act" means the Trade-marks Act.

"applicant" means a person who files an application for the registration of a
trade-mark, pursuant to section 30 of the Act, or who is the last transferee of
an application for the registration of a trade-mark recognized under section 48.

"Journal" means the Trade-marks Journal referred to in subsection 66(3) of the
Act.

"trade-mark agent" means a person whose name is entered on the list of
trade-mark agents referred to in section 21.

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 to section 30 of 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 to subsection (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 the name or address of an applicant for the registration of more
than 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 mailing address 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 to subsections (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 to subsection (3) and sections 9 and 11, correspondence referred to
in subsection (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 in subsection (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
to section 48, 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 to subsection
(1), the Registrar shall correspond with the applicant.

10. Sections 8 and 9 apply, 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 of paragraphs 8(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 to
subsection (1), the Registrar may notify the person or firm that the agent
claims to represent, and shall, subject to section 8, 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 8 1/2 inches
by 14 inches, or 22 cm x 35 cm, on one side only, with left and upper margins of
at least 1 inch or 2.5 cm.

14. (1) An application for the registration of a trade-mark shall contain the
information required by section 30 of 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 to subsection 37(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
to section 64 of the Act;

(d) every public notice required pursuant to subsection 9(1) of the Act; and

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

16. Every advertisement of an application published pursuant to subsection 37(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 to section 34 of the Act, if any;

(f) a summary of the information filed by the applicant pursuant to 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 of subsection 12(2) or section 14 of the Act is claimed, a
note to that effect;

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

(j) the particulars of any translation or transliteration furnished to the
Registrar in accordance with paragraph 29(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 to subsection 20(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 person 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 than 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
person's 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 of subsection (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) 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 than 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 resident's 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 resident's name on the list,
file a statement signed by the agent setting out the agent's 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 firm's 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 in subsection (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 by paragraph (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 in
subsection (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 to subsection 22(3) may be reinstated if the agent
applies to the Registrar within one year after the date of the removal of the
agent's name from the list, and

(a) files the statement required by paragraph 22(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 by paragraph 22(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 to section 34 of 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,

(i) the name and address of the applicant,

(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 than 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) Paragraph 25(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 in subsection (1) shall be accompanied by the
fee set out in item 3 of the schedule.

27. (1) Where a drawing of a trade-mark is required by paragraph 30(h) of the
Act, the drawing shall be in black and white, no larger than 2 3/4 inches by 2
3/4 inches or 7 cm x 7 cm, and shall not include any matter that is not part of
the trade-mark, and may be on paper that satisfies the requirements of section
13.

(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 in subsection (1) is not clear, the
Registrar may require the applicant to file a drawing lined for colour in
accordance with the following colour chart:

GRAPHIC IS NOT DISPLAYABLE, SEE SOR/96-195, P. 1312.

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 in sections 31 and 32, an application for the
registration of a trade-mark may be amended either before or after the
application is advertised pursuant to subsection 37(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 to section 30 of 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 to subsection (1), the Registrar discovers a clerical error
that was not committed by the Registrar, the Registrar shall

(a) in the case referred to in paragraph (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 in paragraph (1)(b), make the correction on receipt
of the fee set out in item 5 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 to subsection 37(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 with subsection 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 to
subsection 46(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 to section 38 of the Act or to these Regulations may be
served on the party or the party's 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 to 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.

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 with section 54 of 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 under subsection
38(7) of the Act or a statement that the opponent does not wish to submit
evidence, within the time set out in subsection (1), the opposition shall be
deemed to have been withdrawn for the purposes of subsection 38(7.1) of the Act.

42. (1) Within one month after service of the opponent's evidence or statement
referred to in paragraph 41(1)(a), the applicant shall

(a) submit to the Registrar by way of affidavit or statutory declaration, or in
accordance with section 54 of 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 under subsection
38(7) of the Act or a statement that the applicant does not wish to submit
evidence, within the time set out in subsection (1), the application shall be
deemed to have been abandoned for the purposes of subsection 38(7.2) of the Act.

43. Within one month after service on the opponent of the applicant's evidence
referred to in section 42, the opponent

(a) may submit to the Registrar, by way of affidavit or statutory declaration,
or in accordance with section 54 of the Act, evidence strictly confined to
matters in reply; and

(b) shall, where submitting the evidence referred to in paragraph (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 with subsection 46(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 to subsection (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 to subsection (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 with subsection 46(3).

(4) A copy, photograph or sample of an exhibit referred to in subsection (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 in subsection (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 Registrar's notice
referred to in paragraph (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
first application.

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 in subsection (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 of sections 43 to 46 of 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 by subsection
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 applicant's predecessor in
title and the name of a country other than Canada in which the trade-mark has
been used.

52. The register, pursuant to paragraph 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 to
subsection 12(2) or section 13 or 14 of 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 to section 11.13 of the Act or to these Regulations may be
served on a party or a party's 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 Minister's statement referred to in subsection
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 of subsection 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 under subsection
11.13(5) of the Act or a statement that the objector does not wish to submit
evidence, within the time set out in subsection (1), the objection shall be
deemed to have been withdrawn for the purposes of subsection 11.13(6) of the
Act.

56. Within one month after service of the objector's evidence or statement
referred to in paragraph 55(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
authority's evidence referred to in paragraph 56(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 in paragraph (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 with subsection 60(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 to subsection (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 to subsection (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 with subsection 60(3).

(4) A copy, photograph or sample of an exhibit referred to in subsection (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 in subsection (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 Registrar's notice
referred to in paragraph (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
(Section 12)
TARIFF OF FEES

PART I
FILING

1. An application for the registration of a trade-mark . . . . $ 150

2. A statement of opposition pursuant to subsection 38(1) of the Act .  . . . . . . . . 250

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 . . . . . . . . . . . 300

4. An application to amend the registration of one or more trade-marks by changing the address of the registered owner or of the registered owner's representative for service in Canada . . . . . . . 25

5. Any other application to amend the register, or a request for correction of a clerical error not committed by the Registrar, for each trade-mark . . . . 25

6. A request to recognize the transfer of one or more trade-marks, for each trade-mark . . . . . . . . . 50

7. A request to renew the registration of one or more trade-marks, for each trade-mark . . . . . . . . . 300

8. A request to send one or more notices pursuant to section 44 or 45 of the Act, for each notice . . . 150

9. An application for an extension of time pursuant to subsection 47(1) or (2) of the Act for the doing of any one or more acts, for each act . . . . . . . . 50

10. Each certified copy of a registration referred to in subsection 31(1) of the Act . . . . . . . . . . 50

11. Evidence referred to in paragraph 34(1)(c) of the Act . . . . . . . . . . . .  . . . . . . 50

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 . . 300

13. A request for the transmission of one or more original files to the Federal Court of Canada, for each file . . . . . . . . . . . . . . . . . . . . 80

14. A statement of objection pursuant to subsection 11.13(1) of the Act . . . . . . . . . . . . . . . 1,000

PART II
REGISTRATION

15. A trade-mark, including, without further fee, the issuance of a certificate of registration of the trade-mark . . . . . . . . . . . . . . . . . . . . $ 200

PART III
ISSUANCE

16. A certificate of authenticity . . . . . . . . . . $ 35

Plus, for each copy certified . . . . . . . . . . 1

17. Any other certificate . . . . . . . . . . . . . . 35

Plus, for each copy certified . . . . . . . . . . 1

18. Copies of or extracts from the register, or copies 2 of certificates or other documents, for each file or or entry, the greater of . . . . . . . . . . . . . 0.50 per sheet

PART IV
TRADE-MARK AGENTS

19. On request, to enter a name on the list of trade-mark agents . . . . . . . . . . . . $ 300

20. Examination fee referred to in paragraph 20(2)(b) 100

21. Annual registration fee referred to in paragraphs 22(1)(a) and (2)(b) .. . . . . . . 300

22. Reinstatement fee referred to in paragraph 23(1)(b) 100