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

Act current to 2015-06-09 and last amended on 2015-01-01. Previous Versions

Marginal note:Use of trade-mark by related companies
  •  (1) Where a company and the owner of a trade-mark that is used in Canada by that owner in association with a pharmaceutical preparation are related companies, the use by the company of the trade-mark, or a trade-mark confusing therewith, in association with a pharmaceutical preparation that at the time of that use or at any time thereafter,

    • (a) is acquired by a person directly or indirectly from the company, and

    • (b) is sold, distributed or advertised for sale in Canada in a package bearing the name of the company and the name of that person as the distributor thereof,

    has the same effect, for all purposes of this Act, as a use of the trade-mark or the confusing trade-mark, as the case may be, by that owner.

  • Marginal note:Where difference in composition

    (2) Subsection (1) does not apply to any use of a trade-mark or a confusing trade-mark by a company referred to in that subsection in association with a pharmaceutical preparation after such time, if any, as that pharmaceutical preparation is declared by the Minister of Health, by notice published in the Canada Gazette, to be sufficiently different in its composition from the pharmaceutical preparation in association with which the trade-mark is used in Canada by the owner referred to in subsection (1) as to be likely to result in a hazard to health.

  • Definition of “pharmaceutical preparation”

    (3) In this section, “pharmaceutical preparation” includes

    • (a) any substance or mixture of substances manufactured, sold or represented for use in

      • (i) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in humans or animals, or

      • (ii) restoring, correcting or modifying organic functions in humans or animals, and

    • (b) any substance to be used in the preparation or production of any substance or mixture of substances described in paragraph (a),

    but does not include any such substance or mixture of substances that is the same or substantially the same as a substance or mixture of substances that is a proprietary medicine within the meaning from time to time assigned to that expression by regulations made pursuant to the Food and Drugs Act.

  • R.S., 1985, c. T-13, s. 51;
  • 1996, c. 8, s. 32.

OFFENCES AND PUNISHMENT

Marginal note:Sale, etc., of goods
  •  (1) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any goods in association with a trade-mark, if that sale or distribution is or would be contrary to section 19 or 20 and the person knows that

    • (a) the trade-mark is identical to, or cannot be distinguished in its essential aspects from, a trade-mark registered for such goods; and

    • (b) the owner of that registered trade-mark has not consented to the sale, offering for sale, or distribution of the goods in association with the trade-mark.

    • (c) [Deleted]

  • Marginal note:Manufacture, etc., of goods

    (2) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods, for the purpose of their sale or of their distribution on a commercial scale, if that sale or distribution would be contrary to section 19 or 20 and the person knows that

    • (a) the goods bear a trade-mark that is identical to, or that cannot be distinguished in its essential aspects from, a trade-mark registered for such goods; and

    • (b) the owner of that registered trade-mark has not consented to having the goods bear the trade-mark.

    • (c) [Deleted]

  • Marginal note:Services

    (3) Every person commits an offence who sells or advertises services in association with a trade-mark, if that sale or advertisement is contrary to section 19 or 20 and the person knows that

    • (a) the trade-mark is identical to, or cannot be distinguished in its essential aspects from, a registered trade-mark registered for such services; and

    • (b) the owner of the registered trade-mark has not consented to the sale or advertisement in association with the trade-mark.

    • (c) [Deleted]

  • Marginal note:Labels or packaging

    (4) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any label or packaging, in 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 commercial scale or advertisement of goods or services in association with it, if that sale, distribution or advertisement would be contrary to section 19 or 20 and the person knows that

    • (a) the label or packaging bears a trade-mark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trade-mark;

    • (b) the label or packaging is intended to be associated with goods or services for which that registered trade-mark is registered; and

    • (c) the owner of that registered trade-mark has not consented to having the label or packaging bear the trade-mark.

    • (d) [Deleted]

  • Marginal note:Trafficking in labels or packaging

    (5) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any label or packaging, in any form, if the sale, distribution or advertisement of goods or services in association with the label or packaging would be contrary to section 19 or 20 and the person knows that

    • (a) the label or packaging bears a trade-mark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trade-mark;

    • (b) the label or packaging is intended to be associated with goods or services for which that registered trade-mark is registered;

    • (c) the owner of that registered trade-mark has not consented to having the label or packaging bear the trademark.

  • Marginal note:Registration of trade-mark

    (5.1) In a prosecution for an offence under any of subsections (1) to (5), it is not necessary for the prosecutor to prove that the accused knew that the trade-mark was registered.

  • Marginal note:Punishment

    (6) Every person who commits an offence under any of subsections (1) to (5) is liable

    • (a) 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 or to both; or

    • (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.

  • Marginal note:Limitation Period

    (7) Proceedings by way of summary conviction for an offence under this section may be instituted no later than two years after the day on which the subject-matter of the proceedings arose.

  • Marginal note:Disposition order

    (8) The court before which any proceedings for an offence under this section are taken may, on a finding of guilt, order that any goods, labels, or packaging in respect of which the offence was committed, any advertising materials relating to those goods and any equipment used to manufacture those goods, labels or packaging be destroyed or otherwise disposed of.

  • Marginal note:Notice

    (9) Before making an order for the destruction or other disposition of equipment under subsection (8), the court shall require that notice be given to the owner of the equipment and to any other person who, in the opinion of the court, appears to have a right or interest in the equipment, unless the court is of the opinion that the interests of justice do not require that the notice be given.

  • 2014, c. 32, s. 42.