5. Amendment of disclaimers

Date Published

Under certain circumstances a disclaimer may be amended.


5.1 After registration a disclaimer may be amended as long as the amendment does not constitute a revocation of the disclaimer or extend in any way the scope of the registration (paragraph 83(1)(c)). (See 6.3 regarding revocation of disclaimers).

5.2 A notice requesting a disclaimer that was made either before or after registration may be amended in order to correct a clerical error or an obvious mistake or if the Registrar is of the opinion it is fair and reasonable in all the circumstances to allow the amendment (section 66).

5.3 If a disclaimer formed a particular of the application when it was filed, it may be amended prior to registration as long as such an amendment does not extend the rights that would otherwise accrue to the applicant upon registration (subsection 65(5)).