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

Act current to 2016-09-18 and last amended on 2016-06-24. 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

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

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

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

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

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

from goods or services that are not of that defined standard; (marque de certification)

confusing

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; (créant de la confusion)

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; (Convention)

country of origin

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; (pays d’origine)

country of the 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; (pays de l’Union)

distinctive

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

distinguishing guise

distinguishing guise means

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

  • (b) a mode of wrapping or packaging goods

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

geographical indication

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; (indication géographique)

owner

owner, in relation to a certification mark, means the person by whom the defined standard has been established; (propriétaire)

package

package[Repealed, 2014, c. 32, s. 7]

person

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; (personne)

person interested

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; (personne intéressée)

prescribed

prescribed means prescribed by or under the regulations; (prescrit)

proposed trade-mark

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 goods or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; (marque de commerce projetée)

protected geographical indication

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

register

register means the register kept under section 26; (registre)

registered trade-mark

registered trade-mark means a trade-mark that is on the register; (marque de commerce déposée)

registered user

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

Registrar

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

related companies

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; (compagnies connexes)

release

release has the same meaning as in subsection 2(1) of the Customs Act; (dédouanement)

representative for service

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

trade-mark

trade-mark means

  • (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish goods 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; (marque de commerce)

trade-name

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; (nom commercial)

use

use, in relation to a trade-mark, means any use that by section 4 is deemed to be a use in association with goods or services; (emploi ou usage)

wares

wares[Repealed, 2014, c. 32, s. 7]

WTO Agreement

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

WTO Member

WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC)

  • R.S., 1985, c. T-13, s. 2;
  • 1993, c. 15, s. 57;
  • 1994, c. 47, s. 190;
  • 2014, c. 20, s. 369, c. 32, ss. 7, 53.
Marginal note:When deemed to be adopted

 A trade-mark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or to make it known in Canada or, if that person or his predecessor had not previously so used it or made it known, when that person or his predecessor filed an application for its registration in Canada.

  • R.S., c. T-10, s. 3.
 
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