# Trademarks Act (R.S.C., 1985, c. T-13) URL: https://consilena.com/coverage/laws/ksrc_nghhzvsjn7wc016m - Jurisdiction: Canada - Type: Statute - Identifier: laws-lois.justice.gc.ca/eng/acts/T-13 - Current as of: 12 December 1985 - Provisions: 123 - Official text: https://laws-lois.justice.gc.ca/eng/acts/T-13/ > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### ["Unfair Competition and Prohibited Signs", "Section 10 — Further prohibitions"] - **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"] - **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"] - **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"] - **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"] - **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”"] - **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"] - **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"] - **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"] - **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"] - **Short title"] Section 1 — Short title**: Short title This Act may be cited as the Trademarks Act . ### ["Geographical Indications", "Section 11.22 — CETA indications"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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."] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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)"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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… - **["Transitional Provisions", "— 2017, c. 6, Sch. 6"]**: 2017, c. 6, Sch. 6 (Subsection 115 ### ["Geographical Indications", "Section 11.2 — Acquired rights — wines"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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”"] - **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"] - **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"] - **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"] - **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"] - **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… - **["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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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… - **["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"] - **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"] - **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"] - **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"] - **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"] - **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. - **["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"] - **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"] - **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"] - **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"] - **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"] - **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"] - **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… - **["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"] - **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… - **["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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_nghhzvsjn7wc016m. Index of every page: https://consilena.com/llms.txt.