Trademarks Regulations

Marginal note:Before registration

• 35 (1) An application for the registration of a trademark may be amended before the trademark is registered.

• Marginal note:Exceptions

  (2) Despite subsection (1), the application must not be amended

  • (a) to change the identity of the applicant, unless the change results from the recording of a transfer of the application by the Registrar or, in the case of an application other than a Protocol application as defined in section 96, to correct an error in the applicant’s identification;

  • (b) to change the representation or description of the trademark, unless the application has not been advertised under subsection 37(1) of the Act and the trademark remains substantially the same;

  • (c) to broaden the scope of the statement of the goods or services contained in the application beyond the scope of

    • (i) that statement on the filing date of the application, determined without taking into account section 34 of the Act or subsection 106(2) of these Regulations,

    • (ii) the narrower of that statement as advertised under subsection 37(1) of the Act and that statement as amended after that advertisement, and

    • (iii) in the case of a Protocol application as defined in section 96, the list of goods or services, in respect of Canada, contained — at the time of the amendment, if it were made — in the international registration on which the application is based;

  • (d) to add an indication that it is a divisional application;

  • (e) to add or delete a statement referred to in paragraph 31(b) of the Act or paragraph 31(e), (f) or (g) of these Regulations, unless the application has not been advertised under subsection 37(1) of the Act and the trademark remains substantially the same; or

  • (f) after the application is advertised under subsection 37(1) of the Act, to add or delete a statement referred to in paragraph 31(h) of these Regulations.

• Marginal note:Exceptions to exceptions

  (3) Despite subsection (2), an amendment referred to in that subsection may be made in accordance with section 107, 111, 114 or 117.