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

Act current to 2017-09-27 and last amended on 2017-09-21. Previous Versions

Marginal note:Registration of trade-mark confusing with certification mark

 With the consent of the owner of a certification mark, a trade-mark confusing with the certification mark may, if it exhibits an appropriate difference, be registered by some other person to indicate that the goods or services in association with which it is used have been manufactured, sold, leased, hired or performed by him as one of the persons entitled to use the certification mark, but the registration thereof shall be expunged by the Registrar on the withdrawal at any time of the consent of the owner of the certification mark or on the cancellation of the registration of the certification mark.

  • R.S., 1985, c. T-13, s. 24;
  • 2014, c. 32, ss. 25(F), 53(E).
Marginal note:Descriptive certification mark

 A certification mark that is descriptive of the place of origin of goods or services, and not confusing with any registered trade-mark, is registrable if the applicant is the administrative authority of a country, state, province or municipality that includes or forms part of the area indicated by the certification mark, or is a commercial association that has an office or representative in that area, but the owner of any certification mark registered under this section shall permit its use in association with any goods or services produced or performed in the area of which it is descriptive.

  • R.S., 1985, c. T-13, s. 25;
  • 2014, c. 32, s. 26.

Register of Trade-marks

Marginal note:Register
  •  (1) There shall be kept under the supervision of the Registrar

    • (a) a register of trade-marks and of transfers, disclaimers, amendments, judgments and orders relating to each registered trade-mark; and

    • (b) the register of registered users that was required to be kept under this subsection as it read immediately before section 61 of the Intellectual Property Law Improvement Act came into force.

  • Marginal note:Information to be shown

    (2) The register referred to in paragraph (1)(a) shall show, with reference to each registered trade-mark, the following:

    • (a) the date of registration;

    • (b) a summary of the application for registration;

    • (c) a summary of all documents deposited with the application or subsequently thereto and affecting the rights to the trade-mark;

    • (d) particulars of each renewal;

    • (e) particulars of each change of name and address; and

    • (f) such other particulars as this Act or the regulations require to be entered thereon.

  • R.S., 1985, c. T-13, s. 26;
  • 1993, c. 15, s. 61.
Marginal note:Register under Unfair Competition Act
  •  (1) The register kept under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, forms part of the register kept under this Act and, subject to subsection 44(2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be expunged or amended only because it might not properly have been made pursuant to this Act.

  • Marginal note:Trade-marks registered before Unfair Competition Act

    (2) Trade-marks on the register on September 1, 1932 shall be treated as design marks or word marks as defined in the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, according to the following rules:

    • (a) any trade-mark consisting only of words or numerals or both without any indication of a special form or appearance shall be deemed to be a word mark;

    • (b) any other trade-mark consisting only of words or numerals or both shall be deemed to be a word mark if at the date of its registration the words or numerals or both would have been registrable independently of any defined special form or appearance and shall also be deemed to be a design mark for reading matter presenting the special form or appearance defined;

    • (c) any trade-mark including words or numerals or both in combination with other features shall be deemed

      • (i) to be a design mark having the features described in the application therefor but without any meaning being attributed to the words or numerals, and

      • (ii) to be a word mark if and so far as it would at the date of registration have been registrable independently of any defined form or appearance and without being combined with any other feature; and

    • (d) any other trade-mark shall be deemed to be a design mark having the features described in the application therefor.

  • Marginal note:Trade-marks registered under Unfair Competition Act

    (3) Trade-marks registered under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, shall, in accordance with their registration, continue to be treated as design marks or word marks as defined in that Act.

  • R.S., c. T-10, s. 26.
Marginal note:Indexes
  •  (1) There shall be kept under the supervision of the Registrar

    • (a) an index of registered trade-marks;

    • (b) an index of trade-marks in respect of which applications for registration are pending;

    • (c) an index of applications that have been abandoned or refused;

    • (d) an index of the names of owners of registered trade-marks;

    • (e) an index of the names of applicants for the registration of trade-marks;

    • (f) a list of trade-mark agents; and

    • (g) the index of the names of registered users that was required to be kept under this subsection as it reads immediately before section 61 of the Intellectual Property Law Improvement Act comes into force.

  • Marginal note:List of trade-mark agents

    (2) The list of trade-mark agents shall include the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for the registration of a trade-mark or in other business before the Trade-marks Office.

  • R.S., 1985, c. T-13, s. 28;
  • 1993, c. 15, s. 62.
Marginal note:Inspection
  •  (1) Subject to subsection (2), the registers, the documents on which the entries therein are based, all applications, including those abandoned, the indexes, the list of trade-mark agents and the list of geographical indications kept pursuant to subsection 11.12(1) shall be open to public inspection during business hours, and the Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the registrar of any entry in the registers, indexes or lists, or of any of those documents or applications.

  • Marginal note:Register of registered users

    (2) The disclosure of documents on which entries in the register required to be kept under paragraph 26(1)(b) are based is subject to the provisions of subsection 50(6), as it reads immediately before section 61 of the Intellectual Property Law Improvement Act comes into force.

  • R.S., 1985, c. T-13, s. 29;
  • 1993, c. 15, s. 63;
  • 1994, c. 47, s. 197.

Applications for Registration of Trade-marks

Marginal note:Contents of application

 An applicant for the registration of a trade-mark shall file with the Registrar an application containing

  • (a) a statement in ordinary commercial terms of the specific goods or services in association with which the mark has been or is proposed to be used;

  • (b) in the case of a trade-mark that has been used in Canada, the date from which the applicant or his named predecessors in title, if any, have so used the trade-mark in association with each of the general classes of goods or services described in the application;

  • (c) in the case of a trade-mark that has not been used in Canada but is made known in Canada, the name of a country of the Union in which it has been used by the applicant or his named predecessors in title, if any, and the date from and the manner in which the applicant or named predecessors in title have made it known in Canada in association with each of the general classes of goods or services described in the application;

  • (d) in the case of a trade-mark that is the subject in or for another country of the Union of a registration or an application for registration by the applicant or the applicant’s named predecessor in title on which the applicant bases the applicant’s right to registration, particulars of the application or registration and, if the trade-mark has neither been used in Canada nor made known in Canada, the name of a country in which the trade-mark has been used by the applicant or the applicant’s named predecessor in title, if any, in association with each of the general classes of goods or services described in the application;

  • (e) in the case of a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada;

  • (f) in the case of a certification mark, particulars of the defined standard that the use of the mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used;

  • (g) the address of the applicant’s principal office or place of business in Canada, if any, and if the applicant has no office or place of business in Canada, the address of his principal office or place of business abroad and the name and address in Canada of a person or firm to whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself;

  • (h) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and

  • (i) a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the goods or services described in the application.

  • R.S., 1985, c. T-13, s. 30;
  • 1993, c. 15, s. 64;
  • 1994, c. 47, s. 198;
  • 2014, c. 32, s. 53.
 
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