Trademarks Regulations

Marginal note:Filing of request for division

• 123 (1) The applicant in respect of a Protocol application may limit the original Protocol application to one or more of the goods or services that were within its scope and file with the Registrar for presentation to the International Bureau a request for the division, in respect of Canada, of the international registration on which the original Protocol application is based for any other goods or services that were within the scope of

  • (a) the original Protocol application on its filing date, determined without taking into account subsection 106(2);

  • (b) the original Protocol application on the day on which the request is filed, if the request is filed on or after the day on which the Protocol application is advertised under subsection 37(1) of the Act; and

  • (c) the international registration in respect of Canada on the day on which the request is filed.

• Marginal note:Manner of filing

  (2) The request must be in English or French and be filed by

  • (a) using the online service that is designated by the Registrar as being accepted for that purpose; or

  • (b) completing the form issued by the International Bureau and providing it to the Registrar by an electronic means specified by the Registrar.

• Marginal note:Contents

  (3) The request must indicate

  • (a) the number of the international registration on which the original Protocol application is based;

  • (b) the name of the holder of that international registration;

  • (c) the name of the goods or services to be set apart, grouped according to the classes of the Nice Classification; and

  • (d) the amount of the fee being paid to the International Bureau and the method of payment, or instructions to debit the required amount to an account opened with the International Bureau, and the name of the person effecting the payment or giving the instructions.

• Marginal note:Sending of request to International Bureau

  (4) The Registrar must send to the International Bureau any request that is filed in accordance with subsections (1) to (3).