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

Act current to 2015-03-31 and last amended on 2015-01-01. Previous Versions

Marginal note:Further prohibitions

 Where any mark has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind, quality, quantity, destination, value, place of origin or date of production of any goods or services, no person shall adopt it as a trade-mark in association with such goods or services or others of the same general class or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that mark as to be likely to be mistaken therefor.

  • R.S., 1985, c. T-13, s. 10;
  • 2014, c. 32, s. 53.
Marginal note:Further prohibitions

 Where a denomination must, under the Plant Breeders’ Rights Act, be used to designate a plant variety, no person shall adopt it as a trade-mark in association with the plant variety or another plant variety of the same species or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that denomination as to be likely to be mistaken therefor.

  • 1990, c. 20, s. 79.
Marginal note:Further prohibitions

 No person shall use in connection with a business, as a trade-mark or otherwise, any mark adopted contrary to section 9 or 10 of this Act or section 13 or 14 of the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952.

  • R.S., c. T-10, s. 11.
Marginal note:Further prohibitions

 No person shall use in connection with a business, as a trade-mark or otherwise, any denomination adopted contrary to section 10.1.

  • 1990, c. 20, s. 80;
  • 2014, c. 32, s. 56(F).
Marginal note:Definitions

 In sections 11.12 to 11.2,

“Minister”

« ministre »

“Minister” means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of sections 11.12 to 11.2;

“responsible authority”

« autorité compétente »

“responsible authority” means, in relation to a wine or spirit, the person, firm or other entity that, in the opinion of the Minister, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable of that wine or spirit to be a party to any proceedings in respect of an objection filed under subsection 11.13(1).

  • 1994, c. 47, s. 192.