Comparative Guides
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Results: 4 Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
Canada
Final decisions of the registrar may be appealed to the Federal Court of Canada within two months of the date on which notice of the decision was dispatched by the registrar.

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP
4.2
What is the procedure for appealing a trademark office refusal?
 
Canada
An appeal must be filed by way of a notice of application with the Federal Court of Canada, and takes the form of a judicial review of a decision of the registrar. Where the appeal could affect another person, such as an appeal of a decision of the Trademarks Opposition Board (TMOB), the other person must be named as a respondent. Where there is no other party to the decision, such as a final refusal issued by the registrar, the proper respondent is the attorney general of Canada.

The appeal must be served on the registrar, and the appellant often elects to serve the registrar with a request to provide any relevant material in the possession of the TMOB. The appellant must also send a copy of the notice of application to the registered owner of any trademark referred to by the registrar in the decision under appeal, as well as any other person that was entitled to notice of the decision.

The appeal then proceeds in Federal Court based on the written record and can include an oral hearing. Unlike many applications for judicial review, the parties may file fresh evidence which was not before the registrar at first instance (although pending amendments, not yet in force, would require a party to seek leave from the Federal Court to file additional evidence).

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
Canada
The Federal Court’s decision may be appealed to the Federal Court of Appeal of Canada. In rare circumstances, a decision of the Federal Court of Appeal may be appealed to the Supreme Court of Canada, but only if the Supreme Court grants the appellant leave to appeal.

For more information about this answer please contact: Neil Melliship from Clark Wilson LLP