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 Subsection 33(2) of the Regulations is repealed.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:

number	subject	amount
1.	An application for the registration of a trade-mark,	$ 250 300
	(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
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 Item 4 of Part I of the schedule to the Regulations is repealed.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:

number	subject	amount
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 Item 11 of Part I of the schedule to the Regulations is repealed.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:

number	subject	amount
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:

number	subject	amount
16.	A certified copy in paper form of a document:
	(a) for each certification (b) plus, for each page	$ 35 1
17.	A certified copy in electronic form of a document:
	(a) for each certification (b) plus, for each trade-mark to which the request relates	35 10
18.	A copy in paper form of a document, for each page,
	(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	0.50 1
18.1	A copy in electronic form of a document:
	(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	10 10 10

9. Items 19 to 22 of Part IV of the schedule to the Regulations are replaced by the following:

number	subject	amount
19.	On request, to enter a name on the list of trade-mark agents:
	(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	$ 300 350
20.	Examination fee referred to in paragraph 20(2)(b).	400
21.	Annual registration fee referred to in paragraphs 22(1)(a) and (2)(b):
	(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
22.	Reinstatement fee referred to in paragraph 23(1)(b)	200

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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