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

Marginal note:When distinguishing guises registrable

• 13. (1) A distinguishing guise is registrable only if

  • (a) it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration; and

  • (b) the exclusive use by the applicant of the distinguishing guise in association with the wares or services with which it has been used is not likely unreasonably to limit the development of any art or industry.

• Marginal note:Effect of registration

  (2) No registration of a distinguishing guise interferes with the use of any utilitarian feature embodied in the distinguishing guise.

• Marginal note:Not to limit art or industry

  (3) The registration of a distinguishing guise may be expunged by the Federal Court on the application of any interested person if the Court decides that the registration has become likely unreasonably to limit the development of any art or industry.

Marginal note:Registration of marks registered abroad

• 14. (1) Notwithstanding section 12, a trade-mark that the applicant or the applicant’s predecessor in title has caused to be duly registered in or for the country of origin of the applicant is registrable if, in Canada,

  • (a) it is not confusing with a registered trade-mark;

  • (b) it is not without distinctive character, having regard to all the circumstances of the case including the length of time during which it has been used in any country;

  • (c) it is not contrary to morality or public order or of such a nature as to deceive the public; or

  • (d) it is not a trade-mark of which the adoption is prohibited by section 9 or 10.

• Marginal note:Trade-marks regarded as registered abroad

  (2) A trade-mark that differs from the trade-mark registered in the country of origin only by elements that do not alter its distinctive character or affect its identity in the form under which it is registered in the country of origin shall be regarded for the purpose of subsection (1) as the trade-mark so registered.

Marginal note:Registration of confusing marks

• 15. (1) Notwithstanding section 12 or 14, confusing trade-marks are registrable if the applicant is the owner of all such trade-marks, which shall be known as associated trade-marks.

• Marginal note:Record

  (2) On the registration of any trade-mark associated with any other registered trade-mark, a note of the registration of each trade-mark shall be made on the record of registration of the other trade-mark.

• Marginal note:Amendment

  (3) No amendment of the register recording any change in the ownership or in the name or address of the owner of any one of a group of associated trade-marks shall be made unless the Registrar is satisfied that the same change has occurred with respect to all the trade-marks in the group, and corresponding entries are made contemporaneously with respect to all those trade-marks.