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

Act current to 2014-04-02 and last amended on 2013-12-31. 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 wares or services, no person shall adopt it as a trade-mark in association with such wares 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., c. T-10, s. 10.
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.
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.
Marginal note:List
  •  (1) There shall be kept under the supervision of the Registrar a list of geographical indications.

  • Marginal note:Statement of Minister

    (2) Where a statement by the Minister, setting out in respect of an indication the information mentioned in subsection (3), is published in the Canada Gazette and

    • (a) a statement of objection has not been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired, or

    • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected pursuant to subsection 11.13(7) or, if an appeal is taken, it is rejected pursuant to the final judgment given in the appeal,

    the Registrar shall enter the indication on the list of geographical indications kept pursuant to subsection (1).

  • Marginal note:Information

    (3) For the purposes of subsection (2), the statement by the Minister must set out the following information in respect of an indication:

    • (a) that the Minister proposes that the indication be entered on the list of geographical indications kept pursuant to subsection (1);

    • (b) that the indication identifies a wine or that the indication identifies a spirit;

    • (c) the territory, or the region or locality of a territory, in which the wine or spirit is identified as originating;

    • (d) the name of the responsible authority in relation to the wine or spirit and the address of the responsible authority’s principal office or place of business in Canada, if any, and if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom service of any document or proceedings in respect of an objection may be given or served with the same effect as if they had been given to or served on the responsible authority itself; and

    • (e) the quality, reputation or other characteristic of the wine or spirit that, in the opinion of the Minister, qualifies that indication as a geographical indication.

  • Marginal note:Removal from list

    (4) The Registrar shall remove an indication from the list of geographical indications kept pursuant to subsection (1) on the publication in the Canada Gazette of a statement by the Minister that the indication is to be removed.

  • 1994, c. 47, s. 192.