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

Act current to 2016-06-06 and last amended on 2015-01-01. Previous Versions

Marginal note: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 for the infringement of the trade-mark, or by statement of claim in an action claiming additional relief under this Act.

  • R.S., c. T-10, s. 58.
Marginal note:Notice to set out grounds
  •  (1) 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 filing of an originating notice of motion, the notice shall set out full particulars of the grounds on which relief is sought.

  • Marginal note:Reply

    (2) Any person on whom a copy of the notice described in subsection (1) has been served and who intends to contest the appeal or application, as the case may be, shall file and serve within the prescribed time or such further time as the court may allow a reply setting out full particulars of the grounds on which he relies.

  • Marginal note:Hearing

    (3) The proceedings on an appeal or application shall be heard and determined summarily on evidence adduced by affidavit unless the court otherwise directs, in which event it may order that any procedure permitted by its rules and practice be made available to the parties, including the introduction of oral evidence generally or in respect of one or more issues specified in the order.

  • R.S., c. T-10, s. 59.
Marginal note:Registrar to transmit documents
  •  (1) Subject to subsection (2), when any appeal or application has been made to the Federal Court under any of the provisions of this Act, the Registrar shall, at the request of any of the parties to the proceedings and on the payment of the prescribed fee, transmit to the Court all documents on file in the Registrar’s office relating to the matters in question in those proceedings, or copies of those documents certified by the Registrar.

  • Marginal note:Register of registered users

    (2) The transmission of documents on which entries in the register required to be kept under paragraph 26(1)(b) are based is subject to the provisions of subsection 50(6) of the Trade-marks Act, as it read immediately before section 69 of the Intellectual Property Law Improvement Act came into force.

  • R.S., 1985, c. T-13, s. 60;
  • 1993, c. 44, s. 238.
Marginal note:Judgments to be filed

 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, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register.

  • R.S., 1985, c. T-13, s. 61;
  • 2002, c. 8, s. 177.

General

Marginal note:Administration

 This Act shall be administered by the Minister of Industry.

  • R.S., 1985, c. T-13, s. 62;
  • 1992, c. 1, s. 145(F);
  • 1995, c. 1, s. 62.
Marginal note:Registrar
  •  (1) There shall be a Registrar of Trade-marks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act. The Registrar shall be responsible to the Deputy Minister of Industry.

  • Marginal note:Acting registrar

    (2) When the Registrar is absent or unable to act or when the office of Registrar is vacant, his powers shall be exercised and his duties and functions performed in the capacity of acting registrar by such other officer as may be designated by the Minister of Industry.

  • Marginal note:Assistants

    (3) The Registrar may, after consultation with the Minister, delegate to any person he deems qualified any of his powers, duties and functions under this Act, except the power to delegate under this subsection.

  • Marginal note:Appeal

    (4) Any decision under this Act of a person authorized to make the decision pursuant to subsection (3) may be appealed in the like manner and subject to the like conditions as a decision of the Registrar under this Act.

  • R.S., 1985, c. T-13, s. 63;
  • 1992, c. 1, s. 145(F);
  • 1995, c. 1, s. 62;
  • 2014, c. 20, s. 370.
Marginal note:Publication of registrations

 The Registrar shall cause to be published periodically particulars of the registrations made and extended from time to time under this Act, and shall in such publication give particulars of any rulings made by him that are intended to serve as precedents for the determination of similar questions thereafter arising.

  • R.S., c. T-10, s. 64.
Marginal note:Regulations

 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations with respect to the following matters:

  • (a) the form of the register and of the indexes to be maintained pursuant to this Act, and of the entries to be made therein;

  • (b) the form of applications to the Registrar;

  • (c) the registration of transfers, licences, disclaimers, judgments or other documents relating to any trade-mark;

  • (c.1) the maintenance of the list of trade-mark agents and the entry and removal of the names of persons and firms on the list, including the qualifications that must be met and the conditions that must be fulfilled to have a name entered on the list and to maintain the name on the list;

  • (d) the form and contents of certificates of registration;

  • (d.1) the procedure by and form in which an application may be made to the Minister, as defined in section 11.11, requesting the Minister to publish a statement referred to in subsection 11.12(2); and

  • (e) the payment of fees to the Registrar and the amount thereof.

  • R.S., 1985, c. T-13, s. 65;
  • 1993, c. 15, s. 70;
  • 1994, c. 47, s. 201.
Marginal note:Time limit deemed extended
  •  (1) Where any time limit or period of limitation specified under or pursuant to this Act expires on a day when the Office of the Registrar of Trade-marks is closed for business, the time limit or period of limitation shall be deemed to be extended to the next day when the Office is open for business.

  • Marginal note:When Trade-marks Office closed for business

    (2) The Office of the Registrar of Trade-marks shall be closed for business on Saturdays and holidays and on such other days as the Minister by order declares that it shall be closed for business.

  • Marginal note:Publication

    (3) Every order made by the Minister under subsection (2) shall be published in the Trade-marks Journal as soon as possible after the making thereof.

  • R.S., c. T-10, s. 66.

Newfoundland

Marginal note:Registration of trade-mark before April 1, 1949
  •  (1) The registration of a trade-mark under the laws of Newfoundland before April 1, 1949 has the same force and effect in the Province of Newfoundland as if Newfoundland had not become part of Canada, and all rights and privileges acquired under or by virtue of those laws may continue to be exercised or enjoyed in the Province of Newfoundland as if Newfoundland had not become part of Canada.

  • Marginal note:Applications for trade-marks pending April 1, 1949

    (2) The laws of Newfoundland as they existed immediately before April 1, 1949 continue to apply in respect of applications for the registration of trade-marks under the laws of Newfoundland pending at that time and any trade-marks registered under those applications shall, for the purposes of this section, be deemed to have been registered under the laws of Newfoundland before April 1, 1949.

  • 1993, c. 15, s. 71.
Marginal note:Use of trade-mark or trade-name before April 1, 1949

 For the purposes of this Act, the use or making known of a trade-mark or the use of a trade-name in Newfoundland before April 1, 1949 shall not be deemed to be a use or making known of such trade-mark or a use of such trade-name in Canada before that date.

  • 1993, c. 15, s. 71.

Transitional Provision

Marginal note:Prior applications for registration

 An application for the registration of a trade-mark filed before this section comes into force shall not be refused by reason only that subsection 50(1) deems the use, advertisement or display of the trade-mark by a licensed entity always to have had the same effect as a use, advertisement or display of the trade-mark by the owner.

  • 1993, c. 15, s. 71.
 
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