Trade-marks Act

Version of section 5 from 2002-12-31 to 2014-12-08:

Marginal note:When deemed to be made known

 A trade-mark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other than Canada, in association with wares or services, and

  • (a) the wares are distributed in association with it in Canada, or

  • (b) the wares or services are advertised in association with it in

    • (i) any printed publication circulated in Canada in the ordinary course of commerce among potential dealers in or users of the wares or services, or

    • (ii) radio broadcasts ordinarily received in Canada by potential dealers in or users of the wares or services,

and it has become well known in Canada by reason of the distribution or advertising.

  • R.S., c. T-10, s. 5.
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