Trademarks Regulations

Marginal note:Exception to subsections 32(1) and (2)

• 154 (1) If the filing date, determined without taking into account section 34 of the Act, of an application for the registration of a trademark, other than a Protocol application as defined in section 96 of these Regulations, precedes the coming-into-force day and the trademark has not yet been registered on that day, subsections 32(1) and (2) of these Regulations do not apply and the person that filed the application must pay the fee set out in item 20 of the schedule to these Regulations in addition to the fee, set out in item 1 of the schedule to the former Regulations, that they have already paid.

• Marginal note:Deemed payment of fees

  (2) If the fee set out in item 20 of the schedule to these Regulations is paid in respect of an application referred to in subsection (1), the fee referred to in that item is deemed to have been paid for

  • (a) when that application is itself a divisional application,

    • (i) in the case that it stems from a series of divisional applications, the original application from which stems the series and every divisional application that stems from that original application, and

    • (ii) in the case that it does not stem from a series of divisional applications, its corresponding original application and every divisional application that stems from it; and

  • (b) when that application is not itself a divisional application, every divisional application that stems from it.