Trademarks Regulations

Marginal note:Manner of service

• 46 (1) Service of a document in respect of an opposition proceeding must be effected

  • (a) by personal service in Canada;

  • (b) by registered mail to an address in Canada;

  • (c) by courier to an address in Canada;

  • (d) by the sending of a notice to the other party advising that the document to be served has been filed with or provided to the Registrar, if the party seeking to effect service does not have the information necessary to serve the other party in accordance with any of paragraphs (a) to (c); or

  • (e) in any manner that is agreed to by the parties.

• Marginal note:Service on trademark agent

  (2) If a party to be served appoints a trademark agent that resides in Canada in respect of an opposition proceeding,

  • (a) that agent is deemed to replace any person or firm set out in a statement of opposition, counter statement or notice as a person on whom or a firm on which service of any document in respect of the opposition may be made with the same effect as if it had been served on the party directly; and

  • (b) service must be effected on that agent unless the parties agree otherwise.

• Marginal note:Effective date of service

  (3) Subject to subsections (4) to (7) and (10), service is effective on the day on which the document is delivered.

• Marginal note:Exception — service by registered mail

  (4) Service by registered mail is effective on the day on which the document is mailed.

• Marginal note:Exception — service by courier

  (5) Service by courier is effective on the day on which the document is provided to the courier.

• Marginal note:Exception — service by electronic means

  (6) Service by an electronic means is effective on the day on which the document is transmitted.

• Marginal note:Exception — service by sending of notice

  (7) Service by the sending of a notice under paragraph (1)(d) is effective on the day on which the notice is sent.

• Marginal note:Notice of manner and date of service

  (8) The party effecting service must notify the Registrar of the manner of service and the effective date of service.

• Marginal note:Proof of service

  (9) A party that serves a document must, on request of the Registrar, provide proof of service within one month after the date of the request. If proof of service is not provided within that month, the document is deemed not to have been served.

• Marginal note:Validity of irregular service

  (10) Service of a document other than in accordance with subsection (1) is nonetheless valid if the Registrar determines that the document has been provided to the party being served and informs the parties of that determination. The service is effective on the day on which the document was provided to the party being served.