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

Act current to 2016-01-25 and last amended on 2015-01-01. Previous Versions

Marginal note:Further prohibitions

 Where any mark has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind, quality, quantity, destination, value, place of origin or date of production of any goods or services, no person shall adopt it as a trade-mark in association with such goods or services or others of the same general class or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that mark as to be likely to be mistaken therefor.

  • R.S., 1985, c. T-13, s. 10;
  • 2014, c. 32, s. 53.
Marginal note:Further prohibitions

 Where a denomination must, under the Plant Breeders’ Rights Act, be used to designate a plant variety, no person shall adopt it as a trade-mark in association with the plant variety or another plant variety of the same species or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that denomination as to be likely to be mistaken therefor.

  • 1990, c. 20, s. 79.
Marginal note:Further prohibitions

 No person shall use in connection with a business, as a trade-mark or otherwise, any mark adopted contrary to section 9 or 10 of this Act or section 13 or 14 of the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952.

  • R.S., c. T-10, s. 11.
Marginal note:Further prohibitions

 No person shall use in connection with a business, as a trade-mark or otherwise, any denomination adopted contrary to section 10.1.

  • 1990, c. 20, s. 80;
  • 2014, c. 32, s. 56(F).
Marginal note:Definitions

 In sections 11.12 to 11.2,

Minister

ministre

Minister means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of sections 11.12 to 11.2; (ministre)

responsible authority

autorité compétente

responsible authority means, in relation to a wine or spirit, the person, firm or other entity that, in the opinion of the Minister, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable of that wine or spirit to be a party to any proceedings in respect of an objection filed under subsection 11.13(1). (autorité compétente)

  • 1994, c. 47, s. 192.
Marginal note:List
  •  (1) There shall be kept under the supervision of the Registrar a list of geographical indications.

  • Marginal note:Statement of Minister

    (2) Where a statement by the Minister, setting out in respect of an indication the information mentioned in subsection (3), is published in the Canada Gazette and

    • (a) a statement of objection has not been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired, or

    • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected pursuant to subsection 11.13(7) or, if an appeal is taken, it is rejected pursuant to the final judgment given in the appeal,

    the Registrar shall enter the indication on the list of geographical indications kept pursuant to subsection (1).

  • Marginal note:Information

    (3) For the purposes of subsection (2), the statement by the Minister must set out the following information in respect of an indication:

    • (a) that the Minister proposes that the indication be entered on the list of geographical indications kept pursuant to subsection (1);

    • (b) that the indication identifies a wine or that the indication identifies a spirit;

    • (c) the territory, or the region or locality of a territory, in which the wine or spirit is identified as originating;

    • (d) the name of the responsible authority in relation to the wine or spirit and the address of the responsible authority’s principal office or place of business in Canada, if any, and if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom service of any document or proceedings in respect of an objection may be given or served with the same effect as if they had been given to or served on the responsible authority itself; and

    • (e) the quality, reputation or other characteristic of the wine or spirit that, in the opinion of the Minister, qualifies that indication as a geographical indication.

  • Marginal note:Removal from list

    (4) The Registrar shall remove an indication from the list of geographical indications kept pursuant to subsection (1) on the publication in the Canada Gazette of a statement by the Minister that the indication is to be removed.

  • 1994, c. 47, s. 192.
Marginal note:Statement of objection
  •  (1) Within three months after the publication in the Canada Gazette of a statement referred to in subsection 11.12(2), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection.

  • Marginal note:Ground

    (2) A statement of objection may be based only on the ground that the indication is not a geographical indication.

  • Marginal note:Content

    (3) A statement of objection shall set out

    • (a) the ground of objection in sufficient detail to enable the responsible authority to reply thereto; and

    • (b) the address of the objector’s principal office or place of business in Canada, if any, and if the objector has no office or place of business in Canada, the address of the principal office or place of business abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the objection may be made with the same effect as if it had been served on the objector.

  • Marginal note:Counter statement

    (4) Within three months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication shall not be entered on the list of geographical indications.

  • Marginal note:Evidence and hearing

    (5) Both the objector and the responsible authority shall be given an opportunity, in the manner prescribed, to submit evidence and to make representations to the Registrar unless

    • (a) the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or

    • (b) the objection is withdrawn or deemed under subsection (6) to have been withdrawn.

  • Marginal note:Withdrawal of objection

    (6) The objection shall be deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit evidence or a statement that the objector does not wish to submit evidence.

  • Marginal note:Decision

    (7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall decide that the indication is not a geographical indication or reject the objection, and notify the parties of the decision and the reasons for the decision.

  • 1994, c. 47, s. 192.
Marginal note:Prohibited adoption of indication for wines
  •  (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,

    • (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or

    • (b) a translation in any language of the geographical indication in respect of that wine.

  • Marginal note:Prohibited use

    (2) No person shall use in connection with a business, as a trade-mark or otherwise,

    • (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or

    • (b) a translation in any language of the geographical indication in respect of that wine.

  • 1994, c. 47, s. 192;
  • 2014, c. 32, s. 56(F).
 
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