Trade-marks Act

Version of section 20 from 2002-12-31 to 2014-12-08:

Marginal note:Infringement
  •  (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making

    • (a) any bona fide use of his personal name as a trade-name, or

    • (b) any bona fide use, other than as a trade-mark,

      • (i) of the geographical name of his place of business, or

      • (ii) of any accurate description of the character or quality of his wares or services,

    in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark.

  • Marginal note:Exception

    (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in association with a spirit.

  • R.S., 1985, c. T-13, s. 20;
  • 1994, c. 47, s. 196.
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