ARCHIVED — Vol. 146, No. 39 — September 29, 2012

Regulations Amending the Trade-marks Regulations

Statutory authority

Trade-marks Act

Sponsoring department

Department of Industry

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Rules Amending the Patent Rules.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 65 (see footnote a) of the Trade-marks Act (see footnote b), proposes to make the annexed Regulations Amending the Trade-marks Regulations.

Interested persons may make representations with respect to 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 Raouf Ali Ahmed, Canadian Intellectual Property Office, Industry Canada, 50 Victoria Street, Gatineau, Quebec K1A 0C9.

Ottawa, September 20, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE TRADE-MARKS REGULATIONS

AMENDMENTS

1. The definition “trade-mark agent” in section 2 of the Trade-marks Regulations (see footnote 1) is replaced by the following:

“trade-mark agent” means a person or firm whose name is entered on the list of trade-mark agents referred to in section 21. (agent de marques de commerce)

2. Section 18 of the Regulations is replaced by the following:

18. A person is eligible to sit for the qualifying examination for trade-mark agents if the person,

  • (a) on the first day of the examination, resides in Canada and
    • (i) has been employed for at least 24 months in the Office of the Registrar of Trade-marks either on the examining staff or as a delegate of the Registrar’s powers under section 38 or 45 of the Act,

    • (ii) 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 at least 24 months, or

    • (iii) has worked in the area of trade-mark law and practice, including the preparation and prosecution of applications for the registration of trade-marks, for at least 24 months, at least 12 of which were worked in Canada and the rest of which were worked in another country where the person was registered as a trade-mark agent in good standing with a trade-mark office of that country; and
  • (b) within two months after the day on which the notice referred to in subsection 20(2) was published,
    • (i) notifies the Registrar in writing of their intention to sit for the examination,

    • (ii) pays the fee set out in item 20 of the schedule, and

    • (iii) furnishes the Registrar with evidence establishing that they meet the requirements set out in paragraph (a).

3. The heading before section 20 of the French version of the Regulations is replaced by the following:

EXAMEN DE COMPÉTENCE

4. Section 20 of the Regulations is replaced by the following:

20. (1) The examining board shall administer a qualifying examination for trade-mark agents at least once a year.

(2) The Registrar shall publish in the Journal a notice that specifies the date of the next qualifying examination and that indicates that any person who intends to sit for the examination shall comply with the requirements set out in paragraph 18(b).

(3) The Registrar shall designate the place or places where the qualifying examination is to be held and shall notify, at least two weeks before the first day of the examination, every person who has met the requirements set out in section 18.

5. The portion of section 21 of the Regulations before paragraph (c) is replaced by the following:

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

  • (a) any resident of Canada who has passed the qualifying examination for trade-mark agents;

6. Subsections 22(2) and (3) of the Regulations are replaced by the following:

(2) The Registrar shall remove from the list of trade-mark agents the name of any trade-mark agent who

  • (a) fails to comply with subsection (1); or

  • (b) no longer meets the requirements under which the name of the trade-mark agent was entered on the list unless the trade-mark agent is a person referred to in paragraph 21(a) or (c) or a firm referred to in paragraph 21(d).

7. Section 23 of the Regulations is replaced by the following:

23. If the name of a trade-mark agent has been removed from the list of trade-mark agents under subsection 22(2), it may be reinstated on the list if the trade-mark agent

  • (a) applies to the Registrar, in writing, for reinstatement within the one-year period after the date on which the name of the trade-mark agent was removed from the list; and

  • (b) either
    • (i) is a person referred to in paragraph 21(a) and pays the fees set out in items 21 and 22 of the schedule,

    • (ii) is a person referred to in paragraph 21(c) and files the statement referred to in paragraph 22(1)(b), or

    • (iii) is a firm referred to in paragraph 21(d) and files the statement referred to in paragraph 22(1)(c).

8. Item 20 of the schedule to the Regulations is replaced by the following:

20. Examination fee referred to in subparagraph 18(b)(ii)...................................400

9. The portion of item 21 of the schedule to the Regulations before paragraph ( a ) is replaced by the following:

21. Annual registration fee referred to in paragraph 22(1)(a) and subparagraph 23(b)(i):

10. Item 22 of the schedule to the Regulations is replaced by the following:

22. Reinstatement fee referred to in subparagraph 23(b)(i)................................200

COMING INTO FORCE

11. These Regulations come into force 30 days after the day on which they are registered.

[39-1-o]

Footnote a
S.C. 1994, c. 47, s. 201

Footnote b
R.S., c. T-13

Footnote 1
SOR/96-195; SOR/2007-91, s. 1