Consilena

CanadaStatute

Trademarks Act (R.S.C., 1985, c. T-13)

Current as of 123 provisions

Provisions

177 in the library

["Unfair Competition and Prohibited Signs", "Section 10 — Further prohibitions"]1
  1. Further prohibitions"]

    Section 10 — Further prohibitions

    Further prohibitions If any sign or combination of signs has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind…

["Validity and Effect of Registration", "Section 18 — When registration invalid"]1
  1. When registration invalid"]

    Section 18 — When registration invalid

    When registration invalid The registration of a trademark is invalid if the trademark was not registrable at the date of registration; the trademark is not…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.08 — Inspection"]1
  1. Inspection"]

    Section 51.08 — Inspection

    Inspection After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner…

["Transitional Provisions", "— 2017, c. 6, s. 116", "Section 116 — Additional indications"]1
  1. Additional indications"]

    Section 116 — Additional indications

    Additional indications On the publication of a statement by the Minister , as defined in section 11.11 of the Act, that a geographical indication has been…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.06 — Provision of information to pursue remedy"]1
  1. Provision of information to pursue remedy"]

    Section 51.06 — Provision of information to pursue remedy

    Provision of information to pursue remedy A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to…

["Transitional Provisions", "Section 68.1 — Use of the indication “Beaufort”"]1
  1. Use of the indication “Beaufort”"]

    Section 68.1 — Use of the indication “Beaufort”

    Use of the indication “Beaufort” During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that…

["Importation and Exportation", "Powers of Court Relating to Detained Goods", "Section 51.11 — Application to court"]1
  1. Application to court"]

    Section 51.11 — Application to court

    Application to court In the course of proceedings referred to in subsection 51.06 (3), the court may, on the application of the Minister or a party to the…

["Registration of Trademarks", "Section 40 — Registration of trademarks"]1
  1. Registration of trademarks"]

    Section 40 — Registration of trademarks

    Registration of trademarks When an application for the registration of a trademark either has not been opposed and the time for the filing of a statement of…

["Transitional Provisions", "— 2014, c. 32, s. 57, as amended by 2014, c. 20, s. 361(E)", "Section 57 — Amending the register"]1
  1. Amending the register"]

    Section 57 — Amending the register

    Amending the register The Registrar of Trademarks may amend the register kept under section 26 of the Trademarks Act to reflect the amendments to that Act that…

["Short Title", "Section 1 — Short title"]1
  1. Short title"]

    Section 1 — Short title

    Short title This Act may be cited as the Trademarks Act .

["Geographical Indications", "Section 11.22 — CETA indications"]1
  1. CETA indications"]

    Section 11.22 — CETA indications

    CETA indications Paragraph 11.18(2)(a) and section 11.21 do not apply with respect to a protected geographical indication that is listed in Part A of Annex…

["Interpretation", "Section 5 — When deemed to be made known"]1
  1. When deemed to be made known"]

    Section 5 — When deemed to be made known

    When deemed to be made known A trademark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other…

["General", "Section 65.2 — Regulations"]1
  1. Regulations"]

    Section 65.2 — Regulations

    Regulations The Governor in Council may make regulations respecting the list to be kept under subsection 11.12(1), including information relating to the listed…

["Geographical Indications", "Section 11.12 — List"]1
  1. List"]

    Section 11.12 — List

    List There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an…

["Licences", "Section 50 — Licence to use trademark"]1
  1. Licence to use trademark"]

    Section 50 — Licence to use trademark

    Licence to use trademark For the purposes of this Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a…

["Geographical Indications", "Section 11.17 — Continued use — wines or spirits"]1
  1. wines or spirits"]

    Section 11.17 — Continued use — wines or spirits

    wines or spirits Section 11.14 does not apply to the continued and similar use of a protected geographical indication identifying a wine or spirit, or any…

["Register of Trademarks", "Section 29.1 — Destruction of records"]1
  1. Destruction of records"]

    Section 29.1 — Destruction of records

    Destruction of records Despite subsection 29 (1), the Registrar may destroy an application for the registration of a trademark that is refused and any document…

["Transitional Provisions", "Section 70 — Application advertised"]1
  1. Application advertised"]

    Section 70 — Application advertised

    Application advertised An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic…

["Unfair Competition and Prohibited Signs", "Section 11.1 — Further prohibitions"]1
  1. Further prohibitions"]

    Section 11.1 — Further prohibitions

    Further prohibitions No person shall use in connection with a business, as a trademark or otherwise, any denomination adopted contrary to section 10.1.

["Legal Proceedings", "Section 59 — Notice to set out grounds"]1
  1. Notice to set out grounds"]

    Section 59 — Notice to set out grounds

    Notice to set out grounds Where an appeal is taken under section 56 by the filing of a notice of appeal, or an application is made under section 57 by the…

["Applications for Registration of Trademarks", "Section 38.1 — Costs"]1
  1. Costs"]

    Section 38.1 — Costs

    Costs Subject to the regulations, the Registrar may, by order, award costs in a proceeding under section 38. A certified copy of an order made under subsection…

["General", "Section 66 — Time period extended"]1
  1. Time period extended"]

    Section 66 — Time period extended

    Time period extended If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Registrar, that time…

["Geographical Indications", "Section 11.14 — Prohibited adoption of indication for wines"]1
  1. Prohibited adoption of indication for wines"]

    Section 11.14 — Prohibited adoption of indication for wines

    Prohibited adoption of indication for wines No person shall adopt in connection with a business, as a trademark or otherwise, a protected geographical…

["Transfer", "Section 48 — Trademark transferable"]1
  1. Trademark transferable"]

    Section 48 — Trademark transferable

    Trademark transferable A trademark, whether registered or unregistered, is transferable, and deemed always to have been transferable, either in connection with…

["Registrable Trademarks", "Section 12 — When trademark registrable"]1
  1. When trademark registrable"]

    Section 12 — When trademark registrable

    When trademark registrable Subject to subsection (2), a trademark is registrable if it is not a word that is primarily merely the name or the surname of an…

["Applications for Registration of Trademarks", "Section 37 — When applications to be refused"]1
  1. When applications to be refused"]

    Section 37 — When applications to be refused

    When applications to be refused The Registrar shall refuse an application for the registration of a trademark if he is satisfied that the application does not…

["Trademark Agents", "Section 51.13 — Privileged communication"]1
  1. Privileged communication"]

    Section 51.13 — Privileged communication

    Privileged communication A communication that meets the following conditions is privileged in the same way as a communication that is subject to…

["Importation and Exportation", "Prohibition", "Section 51.03 — No importation or exportation"]1
  1. No importation or exportation"]

    Section 51.03 — No importation or exportation

    a trademark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trademark. Subsection

["Geographical Indications", "Section 11.19 — Exception for failure to take proceedings"]1
  1. Exception for failure to take proceedings"]

    Section 11.19 — Exception for failure to take proceedings

    Exception for failure to take proceedings Sections 11.14 and 11.15 do not apply to the adoption or use of a trademark by a person if no proceedings are taken…

["Transitional Provisions", "Section 69.1 — Application not advertised"]1
  1. Application not advertised"]

    Section 69.1 — Application not advertised

    Application not advertised An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the…

["Renewal of Registrations", "Section 46.1 — Renewal for goods or services"]1
  1. Renewal for goods or services"]

    Section 46.1 — Renewal for goods or services

    Renewal for goods or services The registration of a trademark may be renewed for any of the goods or services in respect of which the trademark is registered.

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.05 — Provision of information by customs officer"]1
  1. Provision of information by customs officer"]

    Section 51.05 — Provision of information by customs officer

    Provision of information by customs officer A customs officer who is detaining goods under section 101 of the Customs Act may, in the officer’s discretion, to…

["Applications for Registration of Trademarks", "Section 33 — Filing date"]1
  1. Filing date"]

    Section 33 — Filing date

    Filing date The filing date of an application for the registration of a trademark in Canada is the day on which the Registrar has received all of the…

["Legal Proceedings", "Section 53 — Proceedings for interim custody"]1
  1. Proceedings for interim custody"]

    Section 53 — Proceedings for interim custody

    Proceedings for interim custody Where a court is satisfied, on application of any interested person, that any registered trademark, any trademark that is…

["Legal Proceedings", "Section 53.1 — Proceedings for detention by Minister"]1
  1. Proceedings for detention by Minister"]

    Section 53.1 — Proceedings for detention by Minister

    Proceedings for detention by Minister Where a court is satisfied, on application by the owner of a registered trademark, that any goods to which the registered…

["General", "Section 63 — Registrar"]1
  1. Registrar"]

    Section 63 — Registrar

    Registrar There shall be a Registrar of Trademarks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act . The Registrar…

["Interpretation", "Section 4 — When deemed to be used"]1
  1. When deemed to be used"]

    Section 4 — When deemed to be used

    When deemed to be used A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the…

["Confidentiality Orders", "Section 45.1 — Request to keep evidence confidential"]1
  1. Request to keep evidence confidential"]

    Section 45.1 — Request to keep evidence confidential

    Request to keep evidence confidential A party to a proceeding under section 11.13, 38 or 45 may make a request to the Registrar, in accordance with the…

["Validity and Effect of Registration", "Section 20 — Infringement"]1
  1. Infringement"]

    Section 20 — Infringement

    Infringement The right of the owner of a registered trademark to its exclusive use is deemed to be infringed by any person who is not entitled to its use under…

["Validity and Effect of Registration", "Section 21 — Concurrent use of confusing marks"]1
  1. Concurrent use of confusing marks"]

    Section 21 — Concurrent use of confusing marks

    Concurrent use of confusing marks If, in any proceedings respecting a registered trademark the registration of which is entitled to the protection of…

["Registrable Trademarks", "Section 15 — Registration of confusing trademarks"]1
  1. Registration of confusing trademarks"]

    Section 15 — Registration of confusing trademarks

    Registration of confusing trademarks Despite section 12, confusing trademarks are registrable if the applicant is the owner of all of the confusing trademarks.

["Unfair Competition and Prohibited Signs", "Section 10.1 — Further prohibitions"]1
  1. Further prohibitions"]

    Section 10.1 — Further prohibitions

    Further prohibitions Where a denomination must, under the Plant Breeders’ Rights Act , be used to designate a plant variety, no person shall adopt it as a…

["Legal Proceedings", "Section 55 — Jurisdiction of Federal Court"]1
  1. Jurisdiction of Federal Court"]

    Section 55 — Jurisdiction of Federal Court

    Jurisdiction of Federal Court The Federal Court has jurisdiction to entertain any action or proceeding, other than a proceeding under section 51.01, for the…

["Transitional Provisions", "Section 71 — Declaration of use"]1
  1. Declaration of use"]

    Section 71 — Declaration of use

    Declaration of use For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read…

["Transitional Provisions", "— 1992, c. 1, s. 135(2), as amended by 2014, c. 20, s. 361(E)", "Section 135 — Transitional"]1
  1. Transitional"]

    Section 135 — Transitional

    Transitional Where a notice was sent under subsection 46(2) of the said Act before the coming into force of subsection (1), the renewal of the registration of…

["Geographical Indications", "Section 11.18 — Exception for disuse"]1
  1. Exception for disuse"]

    Section 11.18 — Exception for disuse

    Exception for disuse Sections 11.14 and 11.15 and paragraphs 12 (1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise…

["Unfair Competition and Prohibited Signs", "Section 9 — Prohibited marks"]1
  1. Prohibited marks"]

    Section 9 — Prohibited marks

    Prohibited marks No person shall adopt in connection with a business, as a trademark or otherwise, any mark consisting of, or so nearly resembling as to be…

["Applications for Registration of Trademarks", "Section 32 — Further evidence in certain cases"]1
  1. Further evidence in certain cases"]

    Section 32 — Further evidence in certain cases

    Further evidence in certain cases An applicant shall furnish the Registrar with any evidence that the Registrar may require establishing that the trademark is…

["Newfoundland", "Section 68 — Use of trademark or trade name before April 1, 1949"]1
  1. Use of trademark or trade name before April 1, 1949"]

    Section 68 — Use of trademark or trade name before April 1, 1949

    Use of trademark or trade name before April 1, 1949 For the purposes of this Act, the use or making known of a trademark or the use of a trade name in…

["Interpretation", "Section 6 — When mark or name confusing"]1
  1. When mark or name confusing"]

    Section 6 — When mark or name confusing

    When mark or name confusing For the purposes of this Act, a trademark or trade name is confusing with another trademark or trade name if the use of the first…

["Legal Proceedings", "Section 52 — Definitions"]1
  1. Definitions"]

    Section 52 — Definitions

    Definitions In sections 53 to 53.3, court means the Federal Court or the superior court of a province; ( tribunal ) duties has the same meaning as in the…

["Validity and Effect of Registration", "Section 19 — Rights conferred by registration"]1
  1. Rights conferred by registration"]

    Section 19 — Rights conferred by registration

    Rights conferred by registration Subject to sections 21, 32 and 67, the registration of a trademark in respect of any goods or services, unless shown to be…

["Transitional Provisions", "— 2017, c. 6, s. 132, as amended by 2014, c. 20, s. 361(E)", "Section 132 — Korean indications"]1
  1. Korean indications"]

    Section 132 — Korean indications

    Korean indications Despite subsection 11.12(2) and section 11.13 of the Trademarks Act , the Registrar , as defined in section 2 of that Act, must, as soon as…

["Applications for Registration of Trademarks", "Section 36.1 — Withdrawal of opposition"]1
  1. Withdrawal of opposition"]

    Section 36.1 — Withdrawal of opposition

    Withdrawal of opposition If, in the opinion of the Registrar, an opponent is in default in the continuation of an opposition referred to in section 38, the…

["General", "Section 65.3 — Case management"]1
  1. Case management"]

    Section 65.3 — Case management

    Case management For greater certainty, the Governor in Council may make regulations under paragraphs 65(i) and 65.2(b) respecting the case management by the…

["Geographical Indications", "Section 11.21 — Removal from the list"]1
  1. Removal from the list"]

    Section 11.21 — Removal from the list

    Removal from the list On the application of any person interested, the Federal Court has exclusive jurisdiction to order the Registrar to remove an indication…

["Importation and Exportation", "No Liability", "Section 51.1 — No liability"]1
  1. No liability"]

    Section 51.1 — No liability

    No liability Neither Her Majesty nor a customs officer is liable for any loss or damage suffered in relation to the enforcement or application of sections…

["Importation and Exportation", "Powers of Court Relating to Detained Goods", "Section 51.12 — Damages against trademark owner"]1
  1. Damages against trademark owner"]

    Section 51.12 — Damages against trademark owner

    Damages against trademark owner A court may award damages against the owner of a relevant protected mark who commenced proceedings referred to in subsection…

["Applications for Registration of Trademarks", "Section 35 — Disclaimer"]1
  1. Disclaimer"]

    Section 35 — Disclaimer

    Disclaimer The Registrar may require an applicant for registration of a trademark to disclaim the right to the exclusive use apart from the trademark of such…

["Applications for Registration of Trademarks", "Section 30 — Requirements for application"]1
  1. Requirements for application"]

    Section 30 — Requirements for application

    Requirements for application A person may file with the Registrar an application for the registration of a trademark in respect of goods or services if they…

["Applications for Registration of Trademarks", "Section 39 — Divisional application"]1
  1. Divisional application"]

    Section 39 — Divisional application

    Divisional application After having filed an application for the registration of a trademark, an applicant may limit the original application to one or more of…

["Extensions of Time", "Section 47.1 — Proceeding under section 45"]1
  1. Proceeding under section 45"]

    Section 47.1 — Proceeding under section 45

    Proceeding under section 45 The Registrar shall grant an extension of any time limit fixed under this Act in the context of a proceeding commenced by the…

["Legal Proceedings", "Section 61 — Judgments"]1
  1. Judgments"]

    Section 61 — Judgments

    Judgments An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court…

["Certification Marks", "Section 25 — Descriptive certification mark"]1
  1. Descriptive certification mark"]

    Section 25 — Descriptive certification mark

    Descriptive certification mark A certification mark that is descriptive of the place of origin of goods or services, and not confusing with any registered…

["Change of Purpose in Use of Trademark", "Section 49 — Change of purpose"]1
  1. Change of purpose"]

    Section 49 — Change of purpose

    Change of purpose If a sign or combination of signs is used by a person as a trademark for any of the purposes or in any of the manners mentioned in the…

["Applications for Registration of Trademarks", "Section 34 — Date of application abroad deemed date of application in Canada"]1
  1. Date of application abroad deemed date of application in Canada"]

    Section 34 — Date of application abroad deemed date of application in Canada

    Date of application abroad deemed date of application in Canada Despite subsection 33 (1), when an applicant files an application for the registration of a…

["Licences", "Section 51 — Use of trademark by related companies"]1
  1. Use of trademark by related companies"]

    Section 51 — Use of trademark by related companies

    Use of trademark by related companies Where a company and the owner of a trademark that is used in Canada by that owner in association with a pharmaceutical…

["Offences and Punishment", "Section 51.01 — Sale, etc., of goods"]1
  1. Sale, etc., of goods"]

    Section 51.01 — Sale, etc., of goods

    Sale, etc., of goods Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any goods in association with a…

["Geographical Indications", "Section 11.13 — Statement of objection"]1
  1. Statement of objection"]

    Section 11.13 — Statement of objection

    Statement of objection Within two months after the publication of a statement referred to in subsection 11.12

["Certification Marks", "Section 23 — Registration of certification marks"]1
  1. Registration of certification marks"]

    Section 23 — Registration of certification marks

    Registration of certification marks A certification mark may be adopted and registered only by a person who is not engaged in the manufacture, sale, leasing or…

["General", "Section 62 — Administration"]1
  1. Administration"]

    Section 62 — Administration

    Administration This Act shall be administered by the Minister of Industry.

["Amendment of the Register", "Section 45 — Registrar may request evidence of use"]1
  1. Registrar may request evidence of use"]

    Section 45 — Registrar may request evidence of use

    give notice to the registered owner of the trademark requiring the registered owner to furnish within three months an affidavit or a statutory declaration…

["Legal Proceedings", "Section 60 — Registrar to transmit documents"]1
  1. Registrar to transmit documents"]

    Section 60 — Registrar to transmit documents

    Registrar to transmit documents When any appeal or application has been made to the Federal Court under any of the provisions of this Act, the Registrar shall…

["Unfair Competition and Prohibited Signs", "Section 11.01 — Exception"]1
  1. Exception"]

    Section 11.01 — Exception

    Exception Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that…

["Extensions of Time", "Section 47 — Extensions of time"]1
  1. Extensions of time"]

    Section 47 — Extensions of time

    Extensions of time If, in any case, the Registrar is satisfied that the circumstances justify an extension of the time fixed by this Act or prescribed by the…

["Unfair Competition and Prohibited Signs", "Section 11 — Further prohibitions"]1
  1. Further prohibitions"]

    Section 11 — Further prohibitions

    Further prohibitions No person shall use in connection with a business, as a trademark or otherwise, any sign or combination of signs adopted contrary to…

["Geographical Indications", "Section 11.24 — Powers of Governor in Council"]1
  1. Powers of Governor in Council"]

    Section 11.24 — Powers of Governor in Council

    Powers of Governor in Council The Governor in Council may, by order, amend the schedule by adding or deleting a category of agricultural product or food.

["Validity and Effect of Registration", "Section 22 — Depreciation of goodwill"]1
  1. Depreciation of goodwill"]

    Section 22 — Depreciation of goodwill

    Depreciation of goodwill No person shall use a trademark registered by another person in a manner that is likely to have the effect of depreciating the value…

["Applications for Registration of Trademarks", "Section 36 — Abandonment"]1
  1. Abandonment"]

    Section 36 — Abandonment

    Abandonment If, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, after…

["Interpretation", "Section 2.1 — Reference to person"]1
  1. Reference to person"]

    Section 2.1 — Reference to person

    Reference to person Unless the context requires otherwise, a reference to person in this Act, in relation to a trademark, includes two or more persons who, by…

["Renewal of Registrations", "Section 46 — Term"]1
  1. Term"]

    Section 46 — Term

    Term Subject to any other provision of this Act, the registration of a trademark is on the register for an initial period of 10 years beginning on the day of…

["Legal Proceedings", "Section 54 — Evidence"]1
  1. Evidence"]

    Section 54 — Evidence

    Evidence Evidence of any document in the official custody of the Registrar or of any extract therefrom may be given by the production of a copy thereof…

["Register of Trademarks", "Section 29 — Available to public"]1
  1. Available to public"]

    Section 29 — Available to public

    Available to public The following shall be made available to the public at the times and in the manner established by the Registrar: the register; all…

["Transitional Provisions", "— 2017, c. 6, s. 114, as amended by 2014, c. 20, s. 361(E)", "Section 114 — Definition of Act"]1
  1. Definition of Act"]

    Section 114 — Definition of Act

    Definition of Act In sections 115 and 116 , Act means the Trademarks Act .

["Applications for Registration of Trademarks", "Section 31 — Standard characters"]1
  1. Standard characters"]

    Section 31 — Standard characters

    Standard characters An applicant who seeks to register a trademark that consists only of letters, numerals, punctuation marks, diacritics or typographical…

["Validity and Effect of Registration", "Section 17 — Effect of registration in relation to previous use, etc."]1
  1. Effect of registration in relation to previous use, etc."]

    Section 17 — Effect of registration in relation to previous use, etc.

    Effect of registration in relation to previous use, etc. No application for registration of a trademark that has been advertised in accordance with section 37…

["Unfair Competition and Prohibited Signs", "Section 7 — Prohibitions"]1
  1. Prohibitions"]

    Section 7 — Prohibitions

    Prohibitions No person shall make a false or misleading statement tending to discredit the business, goods or services of a competitor; direct public attention…

["Amendment of the Register", "Section 44.1 — Registrar may require amendment"]1
  1. Registrar may require amendment"]

    Section 44.1 — Registrar may require amendment

    Registrar may require amendment The Registrar may give notice to the registered owner of a trademark requiring the owner to furnish the Registrar, in the…

["Transitional Provisions", "— 2017, c. 6, s. 115", "Section 115 — Indications in Schedule"]1
  1. Indications in Schedule"]

    Section 115 — Indications in Schedule

    Indications in Schedule Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar , as defined in section 2 of the Act, must, as soon as feasible…

["Newfoundland", "Section 67 — Registration of trademark before April 1, 1949"]1
  1. Registration of trademark before April 1, 1949"]

    Section 67 — Registration of trademark before April 1, 1949

    Registration of trademark before April 1, 1949 The registration of a trademark under the laws of Newfoundland before April 1, 1949 has the same force and…

["Legal Proceedings", "Section 58 — How proceedings instituted"]1
  1. How proceedings instituted"]

    Section 58 — How proceedings instituted

    How proceedings instituted An application under section 57 shall be made either by the filing of an originating notice of motion, by counter-claim in an action…

["Unfair Competition and Prohibited Signs", "Section 8 — Warranty of lawful use"]1
  1. Warranty of lawful use"]

    Section 8 — Warranty of lawful use

    Warranty of lawful use Every person who in the course of trade transfers the property in or the possession of any goods bearing, or in packages bearing, any…

["Amendment of the Register", "Section 44 — Notice for information"]1
  1. Notice for information"]

    Section 44 — Notice for information

    Notice for information The Registrar may at any time, and shall at the request of any person who pays the prescribed fee, by notice in writing require the…

["Legal Proceedings", "Section 53.3 — Unaltered state — exportation, sale or distribution"]1
  1. exportation, sale or distribution"]

    Section 53.3 — Unaltered state — exportation, sale or distribution

    exportation, sale or distribution A court is not permitted, in any proceeding under section 53.1 or 53.2, to make an order under that section requiring or…

["Transitional Provisions", "Section 73 — Registered trademarks"]1
  1. Registered trademarks"]

    Section 73 — Registered trademarks

    Registered trademarks Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No…

["Interpretation", "Section 2 — Definitions"]1
  1. Definitions"]

    Section 2 — Definitions

    Definitions In this Act, certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as…

["General", "Section 64 — Electronic form and means"]1
  1. Electronic form and means"]

    Section 64 — Electronic form and means

    Electronic form and means Subject to the regulations, any document, information or fee that is provided to the Registrar under this Act may be provided in any…

["Geographical Indications", "Section 11.11 — Definitions"]1
  1. Definitions"]

    Section 11.11 — Definitions

    Definitions The following definitions apply in this section and in sections 11.12 to 11.24. Minister means the Minister designated under subsection

["Transitional Provisions", "Section 68.2 — Non-application of paragraph 38(2)(a.1)"]1
  1. Non-application of paragraph 38(2)(a.1)"]

    Section 68.2 — Non-application of paragraph 38(2)(a.1)

    Non-application of paragraph 38(2)(a.1) No person shall oppose an application for registration of a trademark on the ground set out in paragraph 38(2)(a.1) if…

["Importation and Exportation", "Interpretation", "Section 51.02 — Definitions"]1
  1. Definitions"]

    Section 51.02 — Definitions

    Definitions The following definitions apply in sections 51.03 to 51.12. customs officer has the meaning assigned by the definition officer in subsection 2(1)…

["General", "Section 65 — Regulations"]1
  1. Regulations"]

    Section 65 — Regulations

    Regulations The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make…

["Geographical Indications", "Section 11.23 — Canada — Korea indications"]1
  1. Korea indications"]

    Section 11.23 — Canada — Korea indications

    Korea indications Paragraphs 11.18(2)(a) and (c) and section 11.21 do not apply with respect to an indication that is a protected geographical indication and…

["Validity and Effect of Registration", "Section 18.1 — Not to limit art or industry"]1
  1. Not to limit art or industry"]

    Section 18.1 — Not to limit art or industry

    Not to limit art or industry The registration of a trademark may be expunged by the Federal Court on the application of any person interested if the Court…

["Amendment of the Register", "Section 41 — Amendments to register"]1
  1. Amendments to register"]

    Section 41 — Amendments to register

    Amendments to register The Registrar may, on application by the registered owner of a trademark made in the prescribed manner and on payment of the prescribed…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.07 — Restriction on information use — section 51.05"]1
  1. section 51.05"]

    Section 51.07 — Restriction on information use — section 51.05

    section 51.05 A person who receives a sample or information that is provided under section 51.05 shall not use the information, or information that is derived…

["Interpretation", "Section 3 — When deemed to be adopted"]1
  1. When deemed to be adopted"]

    Section 3 — When deemed to be adopted

    When deemed to be adopted A trademark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or…

["Legal Proceedings", "Section 56 — Appeal"]1
  1. Appeal"]

    Section 56 — Appeal

    Appeal An appeal lies to the Federal Court from any decision of the Registrar under this Act within two months from the date on which notice of the decision…

["Applications for Registration of Trademarks", "Section 38 — Statement of opposition"]1
  1. Statement of opposition"]

    Section 38 — Statement of opposition

    Statement of opposition Within two months after the advertisement of an application for the registration of a trademark, any person may, on payment of the…

["Persons Entitled to Registration of Trademarks", "Section 16 — Entitlement to registration"]1
  1. Entitlement to registration"]

    Section 16 — Entitlement to registration

    Entitlement to registration Any applicant who has filed an application in accordance with subsection 30(2) for the registration of a registrable trademark is…

["General", "Section 65.1 — Regulations — Madrid Protocol and Singapore Treaty"]1
  1. Madrid Protocol and Singapore Treaty"]

    Section 65.1 — Regulations — Madrid Protocol and Singapore Treaty

    Madrid Protocol and Singapore Treaty The Governor in Council may make regulations for carrying into effect despite anything in this Act, the Protocol Relating…

["Register of Trademarks", "Section 26 — Register"]1
  1. Register"]

    Section 26 — Register

    Register There shall be kept under the supervision of the Registrar a register of trademarks and of transfers, disclaimers, amendments, judgments and orders…

["Transitional Provisions", "Section 72 — Registered trademarks — applications filed before coming into force"]1
  1. applications filed before coming into force"]

    Section 72 — Registered trademarks — applications filed before coming into force

    applications filed before coming into force Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into…

["Geographical Indications", "Section 11.16 — Exception when authorized"]1
  1. Exception when authorized"]

    Section 11.16 — Exception when authorized

    Exception when authorized Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or…

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 (Subsection 115

["Geographical Indications", "Section 11.2 — Acquired rights — wines"]1
  1. wines"]

    Section 11.2 — Acquired rights — wines

    wines Section 11.14 and paragraph 12 (1)(g) do not prevent the adoption, use or registration as a trademark in association with a wine of a protected…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.09 — Liability for charges"]1
  1. Liability for charges"]

    Section 51.09 — Liability for charges

    for the period beginning on the day after the day on which a customs officer first sends or makes available a sample or information to that owner under that…

["Amendment of the Register", "Section 43 — Additional representations"]1
  1. Additional representations"]

    Section 43 — Additional representations

    Additional representations The registered owner of any trademark shall furnish such additional representations thereof as the Registrar may by notice demand…

["Importation and Exportation", "Request for Assistance", "Section 51.04 — Request for assistance"]1
  1. Request for assistance"]

    Section 51.04 — Request for assistance

    Request for assistance The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in…

["Geographical Indications", "Section 11.15 — Prohibited adoption of indication for agricultural products or food"]1
  1. Prohibited adoption of indication for agricultural products or food"]

    Section 11.15 — Prohibited adoption of indication for agricultural products or food

    Prohibited adoption of indication for agricultural products or food No person shall adopt in connection with a business, as a trademark or otherwise, a…

["Certification Marks", "Section 24 — Registration of trademark confusing with certification mark"]1
  1. Registration of trademark confusing with certification mark"]

    Section 24 — Registration of trademark confusing with certification mark

    Registration of trademark confusing with certification mark With the consent of the owner of a certification mark, a trademark confusing with the certification…

["Register of Trademarks", "Section 27 — Register under Unfair Competition Act"]1
  1. Register under Unfair Competition Act"]

    Section 27 — Register under Unfair Competition Act

    Register under Unfair Competition Act The register kept under the Unfair Competition Act , chapter 274 of the Revised Statutes of Canada, 1952, forms part of…

["Legal Proceedings", "Section 53.2 — Power of court to grant relief"]1
  1. Power of court to grant relief"]

    Section 53.2 — Power of court to grant relief

    Power of court to grant relief If a court is satisfied, on application of any interested person, that any act has been done contrary to this Act, the court may…

["Legal Proceedings", "Section 57 — Exclusive jurisdiction of Federal Court"]1
  1. Exclusive jurisdiction of Federal Court"]

    Section 57 — Exclusive jurisdiction of Federal Court

    Exclusive jurisdiction of Federal Court The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested…

["Register of Trademarks", "Section 29.1 — Destruction of records"]1
  1. Destruction of records"]

    Section 29.1 — Destruction of records

    Destruction of records (4), at any time after six years after the day on which it is removed; and a document relating to objection proceedings under section…

["Geographical Indications", "Section 11.12 — List"]1
  1. List"]

    Section 11.12 — List

    List (7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal. For the purposes of subsection

["Legal Proceedings", "Section 53.1 — Proceedings for detention by Minister"]1
  1. Proceedings for detention by Minister"]

    Section 53.1 — Proceedings for detention by Minister

    Proceedings for detention by Minister (1). The Minister may give the applicant or the importer of the detained goods an opportunity to inspect them for the…

["Unfair Competition and Prohibited Signs", "Section 9 — Prohibited marks"]1
  1. Prohibited marks"]

    Section 9 — Prohibited marks

    Prohibited marks of the Red Lion and Sun used by Iran for the same purpose as specified in paragraph (f); the international distinctive sign of civil defence…

["Geographical Indications", "Section 11.2 — Acquired rights — wines"]1
  1. wines"]

    Section 11.2 — Acquired rights — wines

    wines (2) or (2.1) in respect of the indication or translation, filed an application in accordance with section 30 for, or secured the registration of, the…

["Interpretation", "Section 2 — Definitions"]1
  1. Definitions"]

    Section 2 — Definitions

    Definitions (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national; ( pays d’origine )…

["Geographical Indications", "Section 11.17 — Continued use — wines or spirits"]1
  1. wines or spirits"]

    Section 11.17 — Continued use — wines or spirits

    wines or spirits 2013. Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta)…

["Importation and Exportation", "Prohibition", "Section 51.03 — No importation or exportation"]1
  1. No importation or exportation"]

    Section 51.03 — No importation or exportation

    No importation or exportation (1) does not apply if the trademark was applied with the consent of the owner of the trademark in the country where it was…

["Validity and Effect of Registration", "Section 20 — Infringement"]1
  1. Infringement"]

    Section 20 — Infringement

    Infringement (1)(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial…

["Geographical Indications", "Section 11.14 — Prohibited adoption of indication for wines"]1
  1. Prohibited adoption of indication for wines"]

    Section 11.14 — Prohibited adoption of indication for wines

    Prohibited adoption of indication for wines (4); or a translation in any language of the geographical indication in respect of that spirit. No person shall use…

["Geographical Indications", "Section 11.21 — Removal from the list"]1
  1. Removal from the list"]

    Section 11.21 — Removal from the list

    Removal from the list (3), as the case may be. The grounds for the removal of an indication are that, on the day on which the application is made, the…

["Register of Trademarks", "Section 27 — Register under Unfair Competition Act"]1
  1. Register under Unfair Competition Act"]

    Section 27 — Register under Unfair Competition Act

    Register under Unfair Competition Act (2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be…

["Licences", "Section 51 — Use of trademark by related companies"]1
  1. Use of trademark by related companies"]

    Section 51 — Use of trademark by related companies

    Use of trademark by related companies (1) as to be likely to result in a hazard to health. In this section, pharmaceutical preparation includes any substance…

["General", "Section 65 — Regulations"]1
  1. Regulations"]

    Section 65 — Regulations

    Regulations (1) and 45(4.1); respecting requests made under subsection 45.1 (1); and prescribing anything that by this Act is to be prescribed.

["Legal Proceedings", "Section 53 — Proceedings for interim custody"]1
  1. Proceedings for interim custody"]

    Section 53 — Proceedings for interim custody

    Proceedings for interim custody (1), the court may require the applicant to furnish security, in an amount fixed by the court, to answer any damages that may…

["Interpretation", "Section 6 — When mark or name confusing"]1
  1. When mark or name confusing"]

    Section 6 — When mark or name confusing

    When mark or name confusing the same class of the Nice Classification. In determining whether trademarks or trade names are confusing, the court or the…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.09 — Liability for charges"]1
  1. Liability for charges"]

    Section 51.09 — Liability for charges

    Liability for charges (1)(c), if the goods are forfeited under subsection 39 (1) of the Customs Act after the Minister has received the written notification…

["Importation and Exportation", "Powers of Court Relating to Detained Goods", "Section 51.11 — Application to court"]1
  1. Application to court"]

    Section 51.11 — Application to court

    Application to court (1) of the Customs Act , storage and handling charges, and any other amount that may become chargeable against the goods; and to answer…

["Applications for Registration of Trademarks", "Section 38 — Statement of opposition"]1
  1. Statement of opposition"]

    Section 38 — Statement of opposition

    Statement of opposition (1), the applicant was not entitled to use the trademark in Canada in association with those goods or services. A statement of…

["Offences and Punishment", "Section 51.01 — Sale, etc., of goods"]1
  1. Sale, etc., of goods"]

    Section 51.01 — Sale, etc., of goods

    Sale, etc., of goods any form, for the purpose of its sale or of its distribution on a commercial scale or for the purpose of the sale, distribution on a…

["Geographical Indications", "Section 11.13 — Statement of objection"]1
  1. Statement of objection"]

    Section 11.13 — Statement of objection

    Statement of objection (2) or (2.1), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible…

["Geographical Indications", "Section 11.11 — Definitions"]1
  1. Definitions"]

    Section 11.11 — Definitions

    Definitions (2). ( ministre ) responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the…

["Transitional Provisions", "— 2017, c. 6, s. 116", "Section 116 — Additional indications"]1
  1. Additional indications"]

    Section 116 — Additional indications

    Additional indications (2) or (2.1)” is to be read, with respect to the indication, as a reference to “the date on which the indication is added to Part A of…

["Transitional Provisions", "Section 68.1 — Use of the indication “Beaufort”"]1
  1. Use of the indication “Beaufort”"]

    Section 68.1 — Use of the indication “Beaufort”

    Use of the indication “Beaufort” 2013. During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of…

["Applications for Registration of Trademarks", "Section 34 — Date of application abroad deemed date of application in Canada"]1
  1. Date of application abroad deemed date of application in Canada"]

    Section 34 — Date of application abroad deemed date of application in Canada

    Date of application abroad deemed date of application in Canada (3), evidence necessary to fully establish the applicant’s right to priority. The Registrar may…

["Registrable Trademarks", "Section 12 — When trademark registrable"]1
  1. When trademark registrable"]

    Section 12 — When trademark registrable

    When trademark registrable (4)(a) of the Olympic and Paralympic Marks Act , a mark the adoption of which is prohibited by subsection 3 (1) of that Act. A…

["Geographical Indications", "Section 11.18 — Exception for disuse"]1
  1. Exception for disuse"]

    Section 11.18 — Exception for disuse

    Exception for disuse (1)(g) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of the following…

["Trademark Agents", "Section 51.13 — Privileged communication"]1
  1. Privileged communication"]

    Section 51.13 — Privileged communication

    Privileged communication (1)(a) to (c). For the purposes of this section, a trademark agent or an individual who is authorized to act as the equivalent of a…

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 (1)) Indications Column 1 Column 2 Column 3 Column 4 Item Indication Transliteration (for information purposes only) Category of…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.06 — Provision of information to pursue remedy"]1
  1. Provision of information to pursue remedy"]

    Section 51.06 — Provision of information to pursue remedy

    Provision of information to pursue remedy (1). At the request of the owner made while the goods are detained for the purpose of enforcing section 51.03, the…

["Amendment of the Register", "Section 45 — Registrar may request evidence of use"]1
  1. Registrar may request evidence of use"]

    Section 45 — Registrar may request evidence of use

    Registrar may request evidence of use it appears to the Registrar that a trademark, either with respect to all of the goods or services specified in the…

["Importation and Exportation", "Prohibition", "Section 51.03 — No importation or exportation"]1
  1. No importation or exportation"]

    Section 51.03 — No importation or exportation

    would not be contrary to this Act; the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or…

["Interpretation", "Section 2 — Definitions"]1
  1. Definitions"]

    Section 2 — Definitions

    Definitions ) person interested includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any…

["Geographical Indications", "Section 11.13 — Statement of objection"]1
  1. Statement of objection"]

    Section 11.13 — Statement of objection

    Statement of objection food; that, when the statement by the Minister is published, the translation is confusing with a registered trademark, a trademark that…

["Geographical Indications", "Section 11.17 — Continued use — wines or spirits"]1
  1. wines or spirits"]

    Section 11.17 — Continued use — wines or spirits

    wines or spirits business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out…

["Offences and Punishment", "Section 51.01 — Sale, etc., of goods"]1
  1. Sale, etc., of goods"]

    Section 51.01 — Sale, etc., of goods

    Sale, etc., of goods (5) is liable on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years…

["Geographical Indications", "Section 11.12 — List"]1
  1. List"]

    Section 11.12 — List

    List (2), the statement by the Minister must set out all of the following information: that the Minister proposes that the indication and, if applicable, a…

["Geographical Indications", "Section 11.21 — Removal from the list"]1
  1. Removal from the list"]

    Section 11.21 — Removal from the list

    Removal from the list product or food; that, when the statement by the Minister in respect of the translation is published, the translation is confusing with a…

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 Amfissis Table and processed olives Greece 33 Λουκούμι Γεροσκήπου Loukoumi Geroskipou Confectionery and baked products Cyprus 34 Baena Oils…

["Unfair Competition and Prohibited Signs", "Section 9 — Prohibited marks"]1
  1. Prohibited marks"]

    Section 9 — Prohibited marks

    Prohibited marks or device; any matter that may falsely suggest a connection with any living individual; the portrait or signature of any individual who is…

["Register of Trademarks", "Section 27 — Register under Unfair Competition Act"]1
  1. Register under Unfair Competition Act"]

    Section 27 — Register under Unfair Competition Act

    Register under Unfair Competition Act registration, continue to be treated as design marks or word marks as defined in that Act.

["Applications for Registration of Trademarks", "Section 38 — Statement of opposition"]1
  1. Statement of opposition"]

    Section 38 — Statement of opposition

    Statement of opposition (2); or does not set out a ground of opposition in sufficient detail to enable the applicant to reply to it. The applicant shall file a…

["Importation and Exportation", "Measures Relating to Detained Goods", "Section 51.09 — Liability for charges"]1
  1. Liability for charges"]

    Section 51.09 — Liability for charges

    Liability for charges (1); and the Minister has not, by the end of the detention, received a copy of a document filed with a court commencing proceedings to…

["Geographical Indications", "Section 11.11 — Definitions"]1
  1. Definitions"]

    Section 11.11 — Definitions

    Definitions length of time that it has been in use, and the nature of the goods, services or business that is associated with it.

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 France 69 Pruneaux d’Agen mi-cuits Fresh and processed fruits and nuts France 70 Huîtres de Marennes-Oléron Fresh, frozen and processed fish…

["Applications for Registration of Trademarks", "Section 38 — Statement of opposition"]1
  1. Statement of opposition"]

    Section 38 — Statement of opposition

    Statement of opposition (8) or a statement that the applicant does not wish to submit evidence. After considering the evidence and representations of the…

["Interpretation", "Section 2 — Definitions"]1
  1. Definitions"]

    Section 2 — Definitions

    Definitions (1) of the Customs Act ; ( dédouanement ) representative for service sign includes a word, a personal name, a design, a letter, a numeral, a…

["Unfair Competition and Prohibited Signs", "Section 9 — Prohibited marks"]1
  1. Prohibited marks"]

    Section 9 — Prohibited marks

    Prohibited marks (1)(i.1), except in respect of goods that are the same or similar to the goods in respect of which the official sign or hallmark has been…

["Geographical Indications", "Section 11.13 — Statement of objection"]1
  1. Statement of objection"]

    Section 11.13 — Statement of objection

    Statement of objection (2) or (2.1); or does not set out a ground of objection in sufficient detail to enable the responsible authority to reply to it. Within…

["Geographical Indications", "Section 11.12 — List"]1
  1. List"]

    Section 11.12 — List

    List well as particulars of the protection. For the purposes of subsection (2.1), the statement by the Minister must set out all of the following information…

["Geographical Indications", "Section 11.13 — Statement of objection"]1
  1. Statement of objection"]

    Section 11.13 — Statement of objection

    Statement of objection (6) to have been withdrawn. The objector and the responsible authority shall, in the prescribed manner and within the prescribed time…

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 Bologna Fresh, frozen and processed meats Italy 109 Prosciutto di Parma Dry-cured meats Italy 110 Prosciutto di S. Daniele Dry-cured meats…

["Geographical Indications", "Section 11.12 — List"]1
  1. List"]

    Section 11.12 — List

    List (1) for the removal of the indication or the translation. The Registrar may, within six months after the day on which an indication or a translation of an…

General1
  1. ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    ["Transitional Provisions", "— 2017, c. 6, Sch. 6"]

    2017, c. 6, Sch. 6 frozen and processed meats Hungary 145 Szegedi szalámi Fresh, frozen and processed meats Hungary 146 Tiroler Speck Fresh, frozen and…

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