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

Marginal note:Entitlement to registration

• 16 (1) Any applicant who has filed an application in accordance with subsection 30(2) for the registration of a registrable trademark is entitled, subject to section 38, to secure its registration in respect of the goods or services specified in the application, unless at the filing date of the application or the date of first use of the trademark in Canada, whichever is earlier, it was confusing with

  • (a) a trademark that had been previously used in Canada or made known in Canada by any other person;

  • (b) a trademark in respect of which an application for registration had been previously filed in Canada by any other person; or

  • (c) a trade name that had been previously used in Canada by any other person.

• Marginal note:Pending application

  (2) The right of an applicant to secure registration of a registrable trademark is not affected by the previous filing of an application for registration of a confusing trademark by another person, unless the application for registration of the confusing trademark was pending on the day on which the applicant’s application is advertised under subsection 37(1).

• Marginal note:Previous use or making known

  (3) The right of an applicant to secure registration of a registrable trademark is not affected by the previous use or making known of a confusing trademark or trade name by another person, if the confusing trademark or trade name was abandoned on the day on which the applicant’s application is advertised under subsection 37(1).

• (4) [Repealed, 2014, c. 20, s. 330]

• (5) [Repealed, 2014, c. 20, s. 330]