Trademarks Regulations

Marginal note:Consequences — trademark subject of cancelled Protocol registration

149 If a transformation application is filed in accordance with section 147 for the revival of a Protocol registration,

• (a) the Registrar must, in respect of the goods or services specified in the transformation application, register the trademark in the name of the applicant and issue a certificate of its registration;

• (b) the registration of the trademark is deemed to have resulted from the Protocol application that resulted in the Protocol registration;

• (c) the day of registration of the trademark is deemed to be the day of registration of the Protocol registration;

• (d) despite subsection 46(1) of the Act and subject to any other provision of the Act, the registration of the trademark is or is deemed to be on the register for

  • (i) an initial period that begins on the day of registration of the trademark and ends when the international registration’s term of protection would have expired had the international registration not been cancelled, and

  • (ii) subsequent renewal periods of 10 years if the fee set out in item 14 of the schedule to these Regulations is paid

    • (A) for the first renewal period, within the period referred to in section 76 or within six months after the day on which the trademark is registered under paragraph (a), determined without taking into account paragraph (c), whichever ends later, and

    • (B) for each subsequent renewal period, within the period referred to in section 76; and

• (e) any steps taken in relation to the Protocol registration before the day on which the International Bureau notifies the Registrar of the recording of the cancellation of the international registration are deemed to have been taken in relation to the registration made under paragraph (a).