Trademarks Regulations

Marginal note:Eligibility for examination

16 A person is eligible to sit for a qualifying examination for trademark agents if the person meets the following requirements:

• (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 Trademarks either on the examining staff or as a person to whom any of the Registrar’s powers, duties and functions under section 38 or 45 of the Act have been delegated,

  • (ii) has worked in Canada in the area of Canadian trademark law and practice, including in the preparation and prosecution of applications for the registration of trademarks, for at least 24 months, or

  • (iii) has worked in the area of trademark law and practice, including in the preparation and prosecution of applications for the registration of trademarks, for at least 24 months of which at least 12 were worked in Canada with the rest being worked in another country where the person was authorized to act as a trademark agent under the law of that country; and

• (b) within two months after the day on which the notice referred to in subsection 18(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 2 of the schedule, and

  • (iii) furnishes the Registrar with a statement indicating that they will meet the requirements set out in paragraph (a), along with supporting justifications.