The main procedural associated with an application at the Federal Court level are summarized within Table 1. Table 1 Procedural Steps for an Application Made to the Federal Court – Category Description Timing Rule(s) Bringing an An appeal (in the form of Within 2 months from R.61(2), Application an application) lies to the notice of the Registrar's R.300(d), Before the Federal Trial from any decision (or within such R.56(1) of Court decision of the Registrar time as the court may the (ex. appealing a decision allow after the Marks Act of the TM Opposition expiration of the 2 Board) months) Steps in the 1) Applicant files Notice -- R.301 Pleadings of Application Process 2) Applicant serves 10 days after issuance R.304(1) Notice of Application to of Notice of Application other parties 3) Respondent(s) who 10 days after being R.305 intend to oppose an served with Notice of action serve a Notice of Application Appearance 4) Applicant serves and 30 days after issuance R.306 supporting affidavits of Notice of Application and documentary evidence 5) Respondent serves 30 days after service of R.307 and files supporting applicant's affidavits affidavits and documentary exhibits 6) Completed by all R.307 parties within 20 days after the filing of the respondent's affidavits 7) Serve and file 20 days trial completion R.309(1) applicant's record of cross-examination 8) Serve and file 20 days after service of R.310(1) respondent's record applicant's record 9) Applicant serves and 10 days trial service of R.314(1) files a requisition the respondent's record requesting that a date be set for the hearing of the application b. Actions Expungement/Infringement Brought Under The – Canadian Trade-Marks Act
The main procedural associated with an application at the Federal Court level are summarized within Table 1. Table 1 – Procedural Steps for an Application Made to the Federal Court Category Description Timing Rule(s) Bringing an Application Before the Court An appeal (in the form of an application) lies to the Federal from any decision of the Registrar (ex. appealing a decision of the TM Opposition Board) Within 2 months from notice of the Registrar's decision (or within such time as the court may allow after the expiration of the 2 months) R.61(2), R.300(d), R.56(1) of the Act Steps in the Pleadings Process 1) Applicant files Notice of Application -- R.301 2) Applicant serves Notice of Application to other parties 10 days after issuance of Notice of Application R.304(1) 3) Respondent(s) who intend to oppose an action serve a Notice of Appearance 10 days after being served with Notice of Application R.305 4) Applicant serves and supporting affidavits and documentary evidence 30 days after issuance of Notice of Application R.306 5) Respondent serves and files supporting affidavits and documentary exhibits 30 days after service of applicant's affidavits R.307 6) Completed by all parties within 20 days after the filing of the respondent's affidavits R.307 7) Serve and file applicant's record 20 days completion of cross-examination R.309(1) 8) Serve and file respondent's record 20 days after service of applicant's record R.310(1) 9) Applicant serves and files a requisition requesting that a date be set for the hearing of the application 10 days service of the respondent's record R.314(1) b. Actions – Expungement/Infringement Brought Under The Canadian Trade-Marks Act trial trial Trial Marks
INTAModelCaseManagementProceduresReport.docx