Trade-marks Act

Version of section 11.17 from 2002-12-31 to 2014-12-08:

Marginal note:Continued use
  •  (1) Where a Canadian has used a protected geographical indication in a continuous manner in relation to any business or commercial activity in respect of goods or services

    • (a) in good faith before April 15, 1994, or

    • (b) for at least ten years before that date,

    section 11.14 or 11.15, as the case may be, does not apply to any continued or similar use by that Canadian.

  • Definition of Canadian

    (2) For the purposes of this section, Canadian includes

    • (a) a Canadian citizen;

    • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which the permanent resident first became eligible to apply for Canadian citizenship; and

    • (c) an entity that carries on business in Canada.

  • 1994, c. 47, s. 192;
  • 2001, c. 27, s. 271.
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