Trademarks Regulations

Marginal note:Steps deemed to have been taken

• 40 (1) Any action taken in respect of the corresponding original application, on or before the day on which the divisional application is filed, is deemed to be an action taken in respect of the divisional application.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of the following actions:

  • (a) an amendment of the statement of the goods or services contained in the original application;

  • (b) a withdrawal or rejection of an opposition in respect of the original application;

  • (c) the advertisement of the original application, except if all of the goods or services specified in the divisional application, on the day referred to in subsection (1), cease to be within the scope of the original application after the end of the two-month period referred to in subsection 38(1) of the Act, read without regard to any extension to that period under section 47 of the Act; and

  • (d) the payment of the applicable fee set out in item 7 of the schedule to these Regulations.

• Marginal note:Clarification

  (3) For greater certainty, a statement of opposition filed under subsection 38(1) of the Act in respect of an original application, on or before the day on which the divisional application is filed, is deemed to have been filed in respect of the divisional application within two months after the advertisement of the divisional application.