Amendments to the Examination Manual [1999-03-10]
Procedures at Time of Filing
Publication Date: 1999-03-10
The Trade-marks Office will not refund the application filing fee once an application is received by the Registrar of Trade-marks. The fee set out in Item 1 of the Tariff of Fees, that is payable on the filing of an application for the registration of a trade-mark, is considered to cover the work associated with the filing of the application and is not considered to be dependent on whether or not the application obtains a filing date in accordance with section 25 of the Trade-marks Regulations (1996).
Applications will be open to public inspection, in accordance with subsection 29(1) of the Trade-marks Act, as soon as administratively possible after receipt, whether or not the application obtains a filing date. All applications received will become open to public inspection, even if they have been voluntarily abandonned before the application information is entered into the INTREPID system. Note that a request for the withdrawal of an application is considered by the Office to be equivalent to a request for the voluntary abandonment of the application.
Any amendment to an application must comply with sections 30, 31, 32 and 33 of the Trade-marks Regulations (1996) whether the amendment is requested before or after the date that the application information is entered into the INTREPID system.
Where an application is received that does not meet the requirements of section 25 of the Regulations for obtaining a filing date and where this is not corrected after a request is made, the Office will send out a default notice pursuant to section 36 of the Act.
Note: revised applications transmitted by facsimile will not be processed until the original application is received by the Office, in view of the provisions of subsection 3(3) of the Regulations.