Stay of Proceedings (Where the Applicant Is Entitled)
Publication Date: 1985-01-02
In view of the Anheuser-Busch case (1983) 69 C.P.R. (2d) 136, it is now clear that the Registrar has no inherent jurisdiction to stay proceedings and that neither the Act nor Regulations provide either explicit or implicit authority to stay proceedings. Therefore, if the applicant is the person entitled to registration pursuant to the provisions of Section 16 of the Trade Marks Act advertisement of the applicant's application will not be withheld in any circumstances particularly pending the resolution of related opposition proceedings.
Further, when confusion is clear as between pending trade marks, the application of the entitled person will be accepted for advertisement without delay and the non-entitled person will be advised that it is not the person entitled to registration. The Office is discontinuing its practice of withholding advertisement of the application of the entitled person for two months to permit the non-entitled person to submit comments.