Marginal note:Registration of trade-mark confusing with certification mark
24. With the consent of the owner of a certification mark, a trade-mark confusing with the certification mark may, if it exhibits an appropriate difference, be registered by some other person to indicate that the wares or services in association with which it is used have been manufactured, sold, leased, hired or performed by him as one of the persons entitled to use the certification mark, but the registration thereof shall be expunged by the Registrar on the withdrawal at any time of the consent of the owner of the certification mark or on the cancellation of the registration of the certification mark.
- R.S., c. T-10, s. 24.
Marginal note:Descriptive certification mark
25. A certification mark descriptive of the place of origin of wares or services, and not confusing with any registered trade-mark, is registrable if the applicant is the administrative authority of a country, state, province or municipality including or forming part of the area indicated by the mark, or is a commercial association having an office or representative in that area, but the owner of any mark registered under this section shall permit the use of the mark in association with any wares or services produced or performed in the area of which the mark is descriptive.
- R.S., c. T-10, s. 25.
REGISTER OF TRADE-MARKS
26. (1) There shall be kept under the supervision of the Registrar
(a) a register of trade-marks and of transfers, disclaimers, amendments, judgments and orders relating to each registered trade-mark; and
(b) the register of registered users that was required to be kept under this subsection as it read immediately before section 61 of the Intellectual Property Law Improvement Act came into force.
Marginal note:Information to be shown
(2) The register referred to in paragraph (1)(a) shall show, with reference to each registered trade-mark, the following:
(a) the date of registration;
(b) a summary of the application for registration;
(c) a summary of all documents deposited with the application or subsequently thereto and affecting the rights to the trade-mark;
(d) particulars of each renewal;
(e) particulars of each change of name and address; and
(f) such other particulars as this Act or the regulations require to be entered thereon.
- R.S., 1985, c. T-13, s. 26;
- 1993, c. 15, s. 61.
Marginal note:Register under Unfair Competition Act
27. (1) The register kept under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, forms part of the register kept under this Act and, subject to subsection 44(2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be expunged or amended only because it might not properly have been made pursuant to this Act.
Marginal note:Trade-marks registered before Unfair Competition Act
(2) Trade-marks on the register on September 1, 1932 shall be treated as design marks or word marks as defined in the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, according to the following rules:
(a) any trade-mark consisting only of words or numerals or both without any indication of a special form or appearance shall be deemed to be a word mark;
(b) any other trade-mark consisting only of words or numerals or both shall be deemed to be a word mark if at the date of its registration the words or numerals or both would have been registrable independently of any defined special form or appearance and shall also be deemed to be a design mark for reading matter presenting the special form or appearance defined;
(c) any trade-mark including words or numerals or both in combination with other features shall be deemed
(i) to be a design mark having the features described in the application therefor but without any meaning being attributed to the words or numerals, and
(ii) to be a word mark if and so far as it would at the date of registration have been registrable independently of any defined form or appearance and without being combined with any other feature; and
(d) any other trade-mark shall be deemed to be a design mark having the features described in the application therefor.
Marginal note:Trade-marks registered under Unfair Competition Act
(3) Trade-marks registered under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, shall, in accordance with their registration, continue to be treated as design marks or word marks as defined in that Act.
- R.S., c. T-10, s. 26.
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