Olympic (1976) Act

Marginal note:Definitions

• 15 (1) In this section,

  adopt

  adopt, in relation to a trade mark, has the same meaning as in the Trade Marks Act; (adopter)

  goods

  goods has the same meaning as wares in the Trade Marks Act. (biens)

• Marginal note:Adoption of mark, symbol, etc.

  (2) Except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation, no person shall, after June 13, 1975 and before January 1st, 1977, adopt, in connection with any business or any establishment or premises in which a business is carried on, as a trade mark or otherwise,

  • (a) any mark of the Olympic Corporation or the official symbol of the Olympic, whether such mark or symbol is used alone or in connection with any word, abbreviation, expression, symbol, emblem, insignia or design; or

  • (b) any word, abbreviation, expression, symbol, emblem, insignia or design containing, indicating or implying any reference to the Olympic or so closely resembling any mark of the Olympic Corporation or the official symbol of the Olympic as to be likely to be mistaken for such mark or symbol.

• Marginal note:Use of mark, symbol, etc.

  (3) No person shall, after June 13, 1975 and before January 1st, 1977, use in connection with any business or any establishment or premises in which a business is carried on, as a trade mark or otherwise, any mark, word, abbreviation, expression, symbol, emblem, insignia or design adopted contrary to subsection (2).

• Marginal note:Sale, etc., of goods

  (4) No person shall, after June 13, 1975 and before January 1st, 1977, sell, offer for sale or have in his possession for sale any goods to which has been applied any mark, word, abbreviation, expression, symbol, emblem, insignia or design contrary to subsection (3).

• Marginal note:Restriction on use of previously adopted mark, symbol, etc.

  (5) Where, before June 14, 1975, a person adopted any mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), as a trade mark or otherwise, in association with goods or services or in connection with any business or any establishment or premises in which a business is carried on, that person shall not, after June 13, 1975 and before January 1st, 1977, use such mark, word, abbreviation, expression, symbol, emblem, insignia or design, as a trade mark or otherwise, in association with any goods or services of a different class or of a different kind within the same class or in connection with any other business or other establishment or premises in which a business is carried on, except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation.

• Marginal note:When mark, etc., deemed to be applied

  (6) For the purposes of this section, a mark, word, abbreviation, expression, symbol, emblem, insignia or design shall be deemed to have been applied to goods when it is marked on or on any package containing such goods, or when it is used or displayed in the course of selling, distributing or advertising such goods.

• Marginal note:Application of Trade Marks Act

  (7) For the purposes of sections 52 and 53 of the Trade Marks Act, each of the marks of the Olympic Corporation and the official symbol of the Olympic are registered trade marks of that corporation, and a reference in those sections to the Trade Marks Act or the provisions of that Act shall be construed as including a reference to this section.

• Marginal note:Presumption of injury

  (8) In any action or suit in which an injunction is sought under the Trade Marks Act, it shall be presumed that any contravention of this section will occasion immediate and irreparable injury to the Olympic Corporation.

• Marginal note:Presumption as to time of adoption

  (9) Where, in any legal proceeding arising from this section, it is shown that a person adopted a mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), it shall be presumed, unless the contrary is proved, that such adoption occurred after June 13, 1975 and before January 1st, 1977.

• Marginal note:Offence

  (10) Every person who contravenes this section is guilty of an offence punishable on summary conviction.