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

Act current to 2017-11-06 and last amended on 2017-09-21. Previous Versions

Marginal note:Time limit deemed extended
  •  (1) Where any time limit or period of limitation specified under or pursuant to this Act expires on a day when the Office of the Registrar of Trade-marks is closed for business, the time limit or period of limitation shall be deemed to be extended to the next day when the Office is open for business.

  • Marginal note:When Trade-marks Office closed for business

    (2) The Office of the Registrar of Trade-marks shall be closed for business on Saturdays and holidays and on such other days as the Minister by order declares that it shall be closed for business.

  • Marginal note:Publication

    (3) Every order made by the Minister under subsection (2) shall be published in the Trade-marks Journal as soon as possible after the making thereof.

  • R.S., c. T-10, s. 66.

Newfoundland

Marginal note:Registration of trade-mark before April 1, 1949
  •  (1) The registration of a trade-mark under the laws of Newfoundland before April 1, 1949 has the same force and effect in the Province of Newfoundland as if Newfoundland had not become part of Canada, and all rights and privileges acquired under or by virtue of those laws may continue to be exercised or enjoyed in the Province of Newfoundland as if Newfoundland had not become part of Canada.

  • Marginal note:Applications for trade-marks pending April 1, 1949

    (2) The laws of Newfoundland as they existed immediately before April 1, 1949 continue to apply in respect of applications for the registration of trade-marks under the laws of Newfoundland pending at that time and any trade-marks registered under those applications shall, for the purposes of this section, be deemed to have been registered under the laws of Newfoundland before April 1, 1949.

  • 1993, c. 15, s. 71.
Marginal note:Use of trade-mark or trade-name before April 1, 1949

 For the purposes of this Act, the use or making known of a trade-mark or the use of a trade-name in Newfoundland before April 1, 1949 shall not be deemed to be a use or making known of such trade-mark or a use of such trade-name in Canada before that date.

  • 1993, c. 15, s. 71.

Transitional Provisions

Marginal note:Use of the indication “Beaufort”
  •  (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013.

  • Marginal note:Use of the indication “Nürnberger Bratwürste”

    (2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013.

  • Marginal note:Use of the indication “Jambon de Bayonne”

    (3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013.

  • Marginal note:Restriction

    (4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.

  • 2017, c. 6, s. 76.
Marginal note:Prior applications for registration

 An application for the registration of a trade-mark filed before this section comes into force shall not be refused by reason only that subsection 50(1) deems the use, advertisement or display of the trade-mark by a licensed entity always to have had the same effect as a use, advertisement or display of the trade-mark by the owner.

  • 1993, c. 15, s. 71.
 
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