- Short title
- Interpretation
- Words and expressions
- Schedule 2 marks
- Prohibited marks
- Prohibited marks — translations
- Exception
- Excepted uses
- Clarification
- Clarification
- Prohibited acts
- Use of expressions set out in Schedule 3
- Proximity to mark
- Remedies
- Application to court
- No unreasonable refusal
- Interim or interlocutory injunction
- Limitation period
- Detention and disposition of imported wares
- Application to court
- No unreasonable refusal
- Application for detention order
- Security
- Application for directions
- Permission to inspect
- Release of wares
- Exportation of wares
- Jurisdiction of Federal Court
- Effect of public notice
- Regulations
- Orders
- AMENDMENT TO THIS ACT
- RELATED AMENDMENT
- COMING INTO FORCE
- Order in council
- Section 13
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
Olympic and Paralympic Marks Act (2007, c. 25)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Olympic and Paralympic Marks Act
2007, c. 25
[Assented to June 22nd, 2007]
An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Olympic and Paralympic Marks Act.
Interpretation
2. (1) The following definitions apply in this Act.
“COC” « COC »
“COC” means the Canadian Olympic Committee, a corporation incorporated under Part II of The Companies Act, 1934, chapter 33 of the Statutes of Canada, 1934.
“court” « tribunal »
“court” means the Federal Court or the superior court of a province.
“CPC” « CPC »
“CPC” means the Canadian Paralympic Committee, a corporation incorporated under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970.
“Olympic or Paralympic mark” « marque olympique ou paralympique »
“Olympic or Paralympic mark” means, subject to subsection (3), a mark set out in Schedule 1 or 2.
“organizing committee” « comité d’organisation »
“organizing committee” means any organization that is recognized, by the COC and a city in Canada elected to host an Olympic Games or Paralympic Games, as being responsible for the planning, organizing, financing and staging of those Games.
Words and expressions
(2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Trade-marks Act.
Schedule 2 marks
(3) A mark set out in column 1 of Schedule 2 is considered not to be an Olympic or Paralympic mark after the corresponding expiry date set out in column 2.
Prohibited marks
3. (1) No person shall adopt or use in connection with a business, as a trade-mark or otherwise, an Olympic or Paralympic mark or a mark that so nearly resembles an Olympic or Paralympic mark as to be likely to be mistaken for it.
Prohibited marks — translations
(2) No person shall use in connection with a business, as a trade-mark or otherwise, a mark that is a translation in any language of an Olympic or Paralympic mark.
Exception
(3) Subsections (1) and (2) do not apply to an organizing committee, the COC or the CPC.
Excepted uses
(4) Nothing in subsection (1) or (2) prevents
(a) the adoption, use or registration, as a trade-mark or otherwise, of a mark described in subsection (1) or (2) if the person has obtained the written consent of an organizing committee during any period prescribed by regulation or of the COC or the CPC during any other period, and acts in accordance with that consent;
(b) the use of a trade-mark by an owner or licensee of the trade-mark if an owner or licensee of the trade-mark used it before March 2, 2007 and the use subsequent to that date is in association with
(i) the same wares or services as those for which the trade-mark was used before that date,
(ii) the wares or services in respect of which it is registered under the Trade-marks Act, or
(iii) any other wares or services of the same general class as that for which it is registered or was, before that date, used;
(c) the use of a trade-mark by an owner or licensee of the trade-mark if an owner or licensee of the trade-mark used it before the day of publication in Part I of the Canada Gazette of an order that, by adding a mark to Schedule 1 or 2, prohibits the use of the trade-mark and the use subsequent to that day is in association with
(i) the same wares or services as those for which the trade-mark was used before that date,
(ii) the wares or services in respect of which it is registered under the Trade-marks Act, or
(iii) any other wares or services of the same general class as that for which it is registered or was, before that date, used;
(d) the use by Her Majesty, a university or a public authority, or a person authorized by Her Majesty, the university or the public authority, of a badge, crest, emblem or other mark in respect of which Her Majesty, the university or the public authority, as the case may be, has requested that the Registrar give public notice under paragraph 9(1)(n) of the Trade-marks Act, if the notice is given before March 2, 2007;
(e) the use by Her Majesty, a university or a public authority, or a person authorized by Her Majesty, the university or the public authority, of a badge, crest, emblem or other mark in respect of which Her Majesty, the university or the public authority, as the case may be, has requested that the Registrar give public notice under paragraph 9(1)(n) of the Trade-marks Act, if the notice is given before the day of publication in Part I of the Canada Gazette of an order that, by adding a mark to Schedule 1 or 2, prohibits the use of the badge, crest, emblem or other mark;
(f) the use of a protected geographical indication identifying a wine or spirit, if the wine or spirit originates in the territory indicated by the indication;
(g) the use by a person of their address, the geographical name of their place of business, an accurate indication of the origin of their wares or services, or an accurate description of their wares or services to the extent that the description is necessary to explain those wares or services to the public;
(h) the use by an individual of their name; or
(i) the use by an individual who has been selected by the COC or the CPC to compete, or has competed, in an Olympic Games or Paralympic Games, or another person with that individual’s consent, of the mark “Olympian”, “Olympic”, “Olympien” or “Olympique”, or “Paralympian”, “Paralympic”, “Paralympien” or “Paralympique”, as the case may be, in reference to the individual’s participation in, or selection for, those Games.
Clarification
(5) For greater certainty, the use of an Olympic or Paralympic mark or a translation of it in any language in the publication or broadcasting of a news report relating to Olympic Games or Paralympic Games, including by means of electronic media, or for the purposes of criticism or parody relating to Olympic Games or Paralympic Games, is not a use in connection with a business.
Clarification
(6) For greater certainty, the inclusion of an Olympic or Paralympic mark or a translation of it in any language in an artistic work, within the meaning of the Copyright Act, by the author of that work, is not in itself a use in connection with a business if the work is not reproduced on a commercial scale.
Prohibited acts
4. (1) No person shall, during any period prescribed by regulation, in association with a trade-mark or other mark, promote or otherwise direct public attention to their business, wares or services in a manner that misleads or is likely to mislead the public into believing that
(a) the person’s business, wares or services are approved, authorized or endorsed by an organizing committee, the COC or the CPC; or
(b) a business association exists between the person’s business and the Olympic Games, the Paralympic Games, an organizing committee, the COC or the CPC.
Use of expressions set out in Schedule 3