- SHORT TITLE
- INTERPRETATION
- UNFAIR COMPETITION AND PROHIBITED MARKS
- Prohibitions
- Warranty of lawful use
- Prohibited marks
- Excepted uses
- Further prohibitions
- Further prohibitions
- Further prohibitions
- Further prohibitions
- Definitions
- List
- Statement of Minister
- Information
- Removal from list
- Statement of objection
- Ground
- Content
- Counter statement
- Evidence and hearing
- Withdrawal of objection
- Decision
- Prohibited adoption of indication for wines
- Prohibited use
- Prohibited adoption of indication for spirits
- Prohibited use
- Exception for personal names
- Exception for comparative advertising
- Exception not applicable to packaging
- Continued use
- Definition of “Canadian”
- Exception for disuse
- Exceptions for customary names
- Exception for generic names for wines
- Exception for generic names for spirits
- Governor in Council amendment
- Exception for failure to take proceedings
- Idem
- Transitional
- REGISTRABLE TRADE-MARKS
- PERSONS ENTITLED TO REGISTRATION OF TRADE-MARKS
- Registration of marks used or made known in Canada
- Marks registered and used abroad
- Proposed marks
- Where application for confusing mark pending
- Previous use or making known
- VALIDITY AND EFFECT OF REGISTRATION
- Effect of registration in relation to previous use, etc.
- When registration incontestable
- When registration invalid
- Exception
- Rights conferred by registration
- Infringement
- Exception
- Concurrent use of confusing marks
- Registration of order
- Depreciation of goodwill
- Action in respect thereof
- CERTIFICATION MARKS
- REGISTER OF TRADE-MARKS
- APPLICATIONS FOR REGISTRATION OF TRADE-MARKS
- Contents of application
- Evidence required in certain cases
- Applications based on registration abroad
- Further information in certain cases
- Registration to be restricted
- Applications by trade unions, etc.
- Date of application abroad deemed date of application in Canada
- Evidence requests
- How and when evidence must be furnished
- Disclaimer
- Abandonment
- When applications to be refused
- Notice to applicant
- Doubtful cases
- Statement of opposition
- Grounds
- Content
- Substantial issue
- Counter statement
- Frivolous opposition
- Evidence and hearing
- Withdrawal of opposition
- Abandonment of application
- Decision
- When application to be allowed
- Exception
- No extension of time
- REGISTRATION OF TRADE-MARKS
- AMENDMENT OF THE REGISTER
- RENEWAL OF REGISTRATIONS
- EXTENSIONS OF TIME
- TRANSFER
- CHANGE OF PURPOSE IN USE OF MARK
- LICENCES
- LEGAL PROCEEDINGS
- Definitions
- Proceedings for interim custody
- Security
- Lien for charges
- Prohibition of imports
- How application made
- Limitation
- Proceedings for detention by Minister
- How application made
- Court may require security
- Application for directions
- Minister may allow inspection
- Where applicant fails to commence an action
- Where court finds in plaintiff’s favour
- Power of court to grant relief
- Re-exportation of wares
- Evidence
- Idem
- Idem
- Idem
- Jurisdiction of Federal Court
- Appeal
- Procedure
- Notice to owner
- Public notice
- Additional evidence
- Exclusive jurisdiction of Federal Court
- Restriction
- How proceedings instituted
- Notice to set out grounds
- Reply
- Hearing
- Registrar to transmit documents
- Register of registered users
- Judgments to be filed
- GENERAL
- NEWFOUNDLAND
- TRANSITIONAL PROVISION
- RELATED PROVISIONS
- RELATED PROVISIONS
Trade-marks Act (R.S., 1985, c. T-13)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Trade-marks Act
T-13
An Act relating to trade-marks and unfair competition
SHORT TITLE
Short title
1. This Act may be cited as the Trade-marks Act.
R.S., c. T-10, s. 1.
INTERPRETATION
Definitions
2. In this Act,
“certification mark” « marque de certification »
“certification mark” means a mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to
(a) the character or quality of the wares or services,
(b) the working conditions under which the wares have been produced or the services performed,
(c) the class of persons by whom the wares have been produced or the services performed, or
(d) the area within which the wares have been produced or the services performed,
from wares or services that are not of that defined standard;
“confusing” « créant de la confusion »
“confusing”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6;
“Convention” « Convention »
“Convention” means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party;
“country of origin” « pays d’origine »
“country of origin” means
(a) the country of the Union in which the applicant for registration of a trade-mark had at the date of the application a real and effective industrial or commercial establishment, or
(b) if the applicant for registration of a trade-mark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or
(c) if the applicant for registration of a trade-mark did not at the date of the application have in a country of the Union an establishment as described in paragraph (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;
“country of the Union” « pays de l’Union »
“country of the Union” means
(a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or
(b) any WTO Member;
“distinctive” « distinctive »
“distinctive”, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them;
“distinguishing guise” « signe distinctif »
“distinguishing guise” means
(a) a shaping of wares or their containers, or
(b) a mode of wrapping or packaging wares
the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;
“geographical indication” « indication géographique »
“geographical indication” means, in respect of a wine or spirit, an indication that
(a) identifies the wine or spirit as originating in the territory of a WTO Member, or a region or locality of that territory, where a quality, reputation or other characteristic of the wine or spirit is essentially attributable to its geographical origin, and
(b) except in the case of an indication identifying a wine or spirit originating in Canada, is protected by the laws applicable to that WTO Member;
“owner” « propriétaire »
“owner”, in relation to a certification mark, means the person by whom the defined standard has been established;
“package” « paquet » ou « colis »
“package” includes any container or holder ordinarily associated with wares at the time of the transfer of the property in or possession of the wares in the course of trade;
“person” « personne »
“person” includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area;
“person interested” « personne intéressée »
“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 act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada;
“prescribed” « prescrit »
“prescribed” means prescribed by or under the regulations;
“proposed trade-mark” « marque de commerce projetée »
“proposed trade-mark” means a mark that is proposed to be used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;
“protected geographical indication” « indication géographique protégée »
“protected geographical indication” means a geographical indication that is on the list kept pursuant to subsection 11.12(1);