This month we are discussing the process for obtaining a
registration and problems with the system.
Under the current Trademarks Act when an application
for the registration of a trademark either has not been opposed and
the time for filing a statement of opposition has expired, or has
been opposed and the opposition has been decided in favour of the
applicant, the Registrar shall register the trademark in the name
of the applicant and issue a certificate of its registration or, if
an appeal is taken, shall act under the final judgment in the
appeal. It is no longer required to file a declaration of use.
Notices of allowance are no longer issued.
The Act also provides that the Registrar may, within
three months after the registration of a trademark, remove the
registration from the register if the Registrar registered the
trademark without considering a previously filed request for an
extension of time to file a statement of opposition.
