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

AMENDMENTS NOT IN FORCE

• — 2018, c. 27, s. 215

  • 215 Section 9 of the Act is amended by adding the following after subsection (2):

    • For greater certainty

      (3) For greater certainty, and despite any public notice of adoption and use given by the Registrar under paragraph (1)(n), subparagraph (1)(n)(iii) does not apply with respect to a badge, crest, emblem or mark if the entity that made the request for the public notice is not a public authority or no longer exists.

    • Notice of non-application

      (4) In the circumstances set out in subsection (3), the Registrar may, on his or her own initiative or at the request of a person who pays a prescribed fee, give public notice that subparagraph (1)(n)(iii) does not apply with respect to the badge, crest, emblem or mark.

• — 2018, c. 27, s. 216

  • 216 The Act is amended by adding the following after section 11:

    • Exception

      11.01 Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that made the request for a public notice under paragraph 9(1)(n) with respect to the badge, crest, emblem or mark is not a public authority or no longer exists.

• — 2018, c. 27, s. 217

  • • 217 (1) Section 11.13 of the Act is amended by adding the following after subsection (6.1):

      • Withdrawal of objection

        (6.2) If, in the opinion of the Registrar, an objector is in default in the continuation of an objection, the Registrar may, after giving notice to the objector of the default, treat the objection as withdrawn unless the default is remedied within the time specified in the notice.

    • (2) Section 11.13 of the Act is amended by adding the following after subsection (8):

      • Costs

        (9) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section.

      • Order of Federal Court

        (10) A certified copy of an order made under subsection (9) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.

• — 2018, c. 27, s. 219

  • 219 The Act is amended by adding the following after section 36:

    • Withdrawal of opposition

      36.1 If, in the opinion of the Registrar, an opponent is in default in the continuation of an opposition referred to in section 38, the Registrar may, after giving notice to the opponent of the default, treat the opposition as withdrawn unless the default is remedied within the time specified in the notice.

• — 2018, c. 27, s. 221

  • 221 The Act is amended by adding the following after section 38:

    • Costs

      • 38.1 (1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under section 38.

      • Order of Federal Court

        (2) A certified copy of an order made under subsection (1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.

• — 2018, c. 27, s. 222

  • 222 Section 45 of the Act is amended by adding the following after subsection (4):

    • Costs

      (4.1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section.

    • Order of Federal Court

      (4.2) A certified copy of an order made under subsection (4.1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.

• — 2018, c. 27, s. 223

  • 223 The Act is amended by adding the following after section 45:

    Confidentiality Orders

    • Request to keep evidence confidential

      • 45.1 (1) A party to a proceeding under section 11.13, 38 or 45 may make a request to the Registrar, in accordance with the regulations, that some or all of the evidence that they intend to submit to the Registrar be kept confidential.

      • Restriction

        (2) The Registrar shall not consider a request if the party who makes it submits the evidence to the Registrar before the Registrar either gives notice under subsection (3) or makes an order under subsection (4).

      • Registrar not satisfied

        (3) If the Registrar is not satisfied that the evidence should be kept confidential, the Registrar shall notify the party who made the request accordingly.

      • Confidentiality order

        (4) If the Registrar is satisfied that the evidence should be kept confidential, he or she may, on any terms that he or she considers appropriate, order that the evidence be kept confidential.

      • Consequences of order

        (5) If the Registrar makes an order under subsection (4),

        • (a) the party who made the request may submit the evidence to the Registrar and, if it is submitted, shall serve it on the other party in accordance with the order;

        • (b) subsections 11.13(5.1), 38(9) and 45(2.1) do not apply with respect to the evidence;

        • (c) section 29 does not apply to the evidence; and

        • (d) the Registrar shall take measures to ensure that the evidence is kept confidential when the evidence or a copy of the evidence is transmitted to the Federal Court under section 60.

      • Order of Federal Court

        (6) A certified copy of an order made under subsection (4) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.

• — 2018, c. 27, s. 225

  • 225 Section 53.2 of the Act is amended by adding the following after subsection (1):

    • Exception

      (1.1) If, within a period of three years beginning on the date of registration of a trademark, the owner of the registered trademark makes an application claiming that an act has been done contrary to section 19, 20 or 22, the owner is not entitled to relief unless the trademark was in use in Canada at any time during that period or special circumstances exist that excuse the absence of use in Canada during that period.

• — 2018, c. 27, s. 226

  • 226 Subsection 56(5) of the Act is replaced by the following:

    • Additional evidence

      (5) If, on an appeal under subsection (1), the Federal Court grants leave to adduce evidence in addition to that adduced before the Registrar, the Court may exercise, with respect to that additional evidence, any discretion vested in the Registrar.

• — 2018, c. 27, s. 227

  • 227 Section 65 of the Act is amended by striking out “and” at the end of paragraph (m) and by replacing paragraph (n) with the following:

    • (n) respecting the awarding of costs under subsections 11.13(9), 38.1(1) and 45(4.1);

    • (o) respecting requests made under subsection 45.1(1); and

    • (p) prescribing anything that by this Act is to be prescribed.

• — 2018, c. 27, s. 228

  • 228 The Act is amended by adding the following after section 65.2:

    • Case management

      • 65.3 (1) For greater certainty, the Governor in Council may make regulations under paragraphs 65(i) and 65.2(b) respecting the case management by the Registrar of proceedings referred to in those paragraphs.

      • Time or manner

        (2) The Governor in Council may make regulations authorizing the Registrar to fix, despite any time or manner that is provided for under this Act with respect to any of the proceedings referred to in subsection (1), the time by which or the manner in which any step in a case-managed proceeding is to be completed and, in that case, the provisions of this Act and the regulations apply with respect to the proceeding with any modifications that the circumstances require.

• — 2018, c. 27, ss. 239(1), (4)

  • 2015, c. 36

    • 239 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1.

    • (4) On the first day on which both subsection 70(7) of the other Act has produced its effects and section 215 of this Act is in force, subsection 70(1) of the Trade-marks Act is amended by, if necessary, striking out “and” at the end of paragraph (b) and adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) subsections 9(3) and (4), sections 36.1, 38.1 and 45.1, and subsection 56(5), as enacted by the Budget Implementation Act, 2018, No. 2.