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

Act current to 2014-07-22 and last amended on 2014-06-19. Previous Versions

Trade-marks Act

R.S.C., 1985, c. T-13

An Act relating to trade-marks and unfair competition

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Trade-marks Act.

  • R.S., c. T-10, s. 1.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“certification mark”

« marque de certification »

“certification mark” means a mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to

  • (a) the character or quality of the wares or services,

  • (b) the working conditions under which the wares have been produced or the services performed,

  • (c) the class of persons by whom the wares have been produced or the services performed, or

  • (d) the area within which the wares have been produced or the services performed,

from wares or services that are not of that defined standard;

“confusing”

« créant de la confusion »

“confusing”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6;

“Convention”

« Convention »

“Convention” means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party;

“country of origin”

« pays d’origine »

“country of origin” means

  • (a) the country of the Union in which the applicant for registration of a trade-mark had at the date of the application a real and effective industrial or commercial establishment, or

  • (b) if the applicant for registration of a trade-mark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or

  • (c) if the applicant for registration of a trade-mark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national;

“country of the Union”

« pays de l’Union »

“country of the Union” means

  • (a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or

  • (b) any WTO Member;

“distinctive”

« distinctive »

“distinctive”, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them;

“distinguishing guise”

« signe distinctif »

“distinguishing guise” means

  • (a) a shaping of wares or their containers, or

  • (b) a mode of wrapping or packaging wares

the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;

“geographical indication”

« indication géographique »

“geographical indication” means, in respect of a wine or spirit, an indication that

  • (a) identifies the wine or spirit as originating in the territory of a WTO Member, or a region or locality of that territory, where a quality, reputation or other characteristic of the wine or spirit is essentially attributable to its geographical origin, and

  • (b) except in the case of an indication identifying a wine or spirit originating in Canada, is protected by the laws applicable to that WTO Member;

“owner”

« propriétaire »

“owner”, in relation to a certification mark, means the person by whom the defined standard has been established;

“package”

« paquet » ou « colis »

“package” includes any container or holder ordinarily associated with wares at the time of the transfer of the property in or possession of the wares in the course of trade;

“person”

« personne »

“person” includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area;

“person interested”

« personne intéressée »

“person interested” includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada;

“prescribed”

« prescrit »

“prescribed” means prescribed by or under the regulations;

“proposed trade-mark”

« marque de commerce projetée »

“proposed trade-mark” means a mark that is proposed to be used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;

“protected geographical indication”

« indication géographique protégée »

“protected geographical indication” means a geographical indication that is on the list kept pursuant to subsection 11.12(1);

“register”

« registre »

“register” means the register kept under section 26;

“registered trade-mark”

« marque de commerce déposée »

“registered trade-mark” means a trade-mark that is on the register;

“registered user”

“registered user”[Repealed, 1993, c. 15, s. 57]

“Registrar”

« registraire »

“Registrar” means the Registrar of Trade-marks who is described in subsection 63(1);

“related companies”

« compagnies connexes »

“related companies” means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others;

“representative for service”

« représentant pour signification »

“representative for service” means the person or firm named under paragraph 30(g), subsection 38(3), paragraph 41(1)(a) or subsection 42(1);

“trade-mark”

« marque de commerce »

“trade-mark” means

  • (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others,

  • (b) a certification mark,

  • (c) a distinguishing guise, or

  • (d) a proposed trade-mark;

“trade-name”

« nom commercial »

“trade-name” means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual;

“use”

« emploi » ou « usage »

“use”, in relation to a trade-mark, means any use that by section 4 is deemed to be a use in association with wares or services;

“wares”

« marchandises »

“wares” includes printed publications;

“WTO Agreement”

« Accord sur l’OMC »

“WTO Agreement” has the meaning given to the word “Agreement” by subsection 2(1) of the World Trade Organization Agreement Implementation Act;

“WTO Member”

« membre de l’OMC »

“WTO Member” means a Member of the World Trade Organization established by Article I of the WTO Agreement.

  • R.S., 1985, c. T-13, s. 2;
  • 1993, c. 15, s. 57;
  • 1994, c. 47, s. 190;
  • 2014, c. 20, s. 369.